TEVA PHARMACEUTICALS USA, INC. v. FOOD AND DRUG ADMIN.

No. CIV.A.05-1469(JDB).

404 F.Supp.2d 243 (2005)

TEVA PHARMACEUTICALS USA, INC. Plaintiff, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants, Apotex Inc., Intervenor-Defendant.

United States District Court, District of Columbia.

December 8, 2005.


Attorney(s) appearing for the Case

Jay P. Lefkowitz, Kirkland & Ellis LLP, John Caviness O'Quinn, Kirkland & Ellis, LLP, Steven Andrew Engel, Kirkland & Ellis, LLP, Washington, DC, for plaintiff.

Andrew E. Clark, U.S. Department of Justice, Office of Consumer Litigation, Jeffrey Bucholtz, U.S. Department of Justice, Washington, DC, for defendants.

Arthur Y. Tsien, Olsson, Frank and Weeda, PC, Washington, Christine J. Siwik, Rakoczy Molino Mazzochi Siwik LLP, Chicago, IL, Patricia Eggleston Pahl, Olsson, Frank & Weeda, P.C., Washington, William A. Rakoczy, Rakoczy Molino Mazzochi, LLP, Chicago, IL, for intervenor-defendants.

Theodore C. Whitehouse, Willkie Farr & Gallagher LLP, Washington, DC, for amicus curiae.


ORDER

BATES, District Judge.

Plaintiff Teva Pharmaceuticals USA, Inc. ("Teva") filed this action against defendant Food and Drug Administration ("FDA")1 pursuant to 21 U.S.C. §§ 301 et seq. (as amended by the Hatch-Waxman Act, codified at 21 U.S.C. § 355), and 5 U.S.C. § 706(2), seeking injunctive relief to prevent the FDA from allowing any other pharmaceutical companies to market generic pravastatin...

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