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WYETH v. KING PHARMACEUTICALS, INC.

No. 04CV4068 (SLT/RML).

396 F.Supp.2d 280 (2005)

WYETH, Plaintiff, v. KING PHARMACEUTICALS, INC., Defendant.

United States District Court, E.D. New York.

October 17, 2005.

Attorney(s) appearing for the Case

Bruce S. Kaplan, Emily A. Stubbs, Friedman, Kaplan, Seiler & Adelman LLP, New York, NY, for Plaintiff.

Emily M. Yinger, Hogan & Hartson LLP, McLean, VA, Jonathan M. Sobel, Hogan & Hartson LLP, New York, NY, for Defendant.

MEMORANDUM and ORDER

TOWNES, District Judge.

Plaintiff, Wyeth,1 a Delaware corporation, moves for summary judgment on the issues of liability and damages in this breach of contract action. Defendant, King Pharmaceuticals, Inc. ("King"), a Tennessee corporation, moves to strike the ad damnum clause of the complaint or, in the alternative, for summary judgment. For the reasons discussed below, Plaintiff's motion and those...

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