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CARETOLIVE v. VON ESCHENBACH

No. 2:07-cv-729.

525 F.Supp.2d 952 (2007)

CARETOLIVE, Plaintiff, v. Andrew von ESCHENBACH, et al., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

December 4, 2007.

Attorney(s) appearing for the Case

Kerry M. Donahue, Bellinger & Donahue, Dublin, OH, for Plaintiff.

Mark Thomas D'Alessandro, John J. Stark, United States Attorney's Office, Columbus, OH, Andrew Clark, Daniel K. Crane-Hirsch, Office of Consumer Litigation, U.S. Department of Justice, Washington, DC, for Defendants.

OPINION AND ORDER

GREGORY L. FROST, District Judge.

This action involves a biologics license application ("B LA") that was submitted to the Food and Drug Administration ("FDA") for Provenge, a biological product which is intended to treat a particular type of metastatic prostate cancer and is manufactured by Dendreon Corporation. Plaintiff CareToLive challenges the decision of the FDA "not to approve...

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