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RANBAXY LABORATORIES, LTD. v. LEAVITT

Civil Action No. 05-1838 (RWR).

459 F.Supp.2d 1 (2006)

RANBAXY LABORATORIES, LTD., et al., Plaintiffs, v. Michael O. LEAVITT, et al., Defendants.

United States District Court, District of Columbia.

May 1, 2006.

Attorney(s) appearing for the Case

Kate Cumming Beardsley, Carmen Mercedes Shepard, Buc & Beardsley, Douglas B. Farquhar, John Robert Fleder, Hyman, Phelps & McNamara, P.C., Washington, DC, Jay B. Shapiro, Samuel O. Patmore, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P:A., Miami, FL, for Plaintiffs.

Drake S. Cutini, Department of Justice Office of Consumer Litigation, Washington, DC, for Defendants.

MEMORANDUM OPINION

ROBERTS, District Judge.

Ranbaxy Laboratories Limited1 ("Ranbaxy") and IVAX Pharmaceuticals, Inc. ("IVAX") each sued the Food and Drug Administration ("FDA") under 5 U.S.C. § 706 claiming that the FDA improperly nullified Ranbaxy and IVAX's rights to a 180-day period of exclusive marketing of a generic drug. Ranbaxy and IVAX moved for summary judgment against the FDA seeking to vacate the FDA's...

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