APOTEX INC. v. SANOFI-SYNTHELABO

No. 05 CIV. 3965(SHS).

386 F.Supp.2d 549 (2005)

APOTEX INC.; and Apotex Corp, Plaintiffs, v. SANOFI-SYNTHELABO; Sanofi-Synthelabo, Inc.; and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, Defendants.

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

September 12, 2005.


Attorney(s) appearing for the Case

Karen Jill Bernstein, Amster, Rothstein & Ebenstein LLC, New York City, for Plaintiffs.

David Noah Greenwald, Evan R. Chesler, Richard J. Stark, Cravath, Swaine & Moore LLP, New York City, for Defendants.


ORDER

STEIN, District Judge.

Plaintiffs Apotex, Inc. and Apotex Corp. (collectively "Apotex") bring this litigation pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202, seeking a declaration that U.S. Patent No. 4,847,265 (the " '265 patent") is invalid because the named inventors, defendants' patent agents, and an unnamed inventor intentionally withheld or omitted material information during the prosecution of the patent before...

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