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APOTEX INC. v. U.S. FOOD AND DRUG ADMIN.

Civil Action No. 07-1194(RMU).

508 F.Supp.2d 78 (2007)

APOTEX INC., Plaintiff, v. U.S. FOOD AND DRUG ADMINISTRATION et al., Defendants, and Astrazeneca LP, Intervenor-defendant.

United States District Court, District of Columbia.

September 17, 2007.

Attorney(s) appearing for the Case

Arthur Y. Tsien, Olsson, Frank and Weeda, PC, Washington, DC, William A. Rakoczy, Amy D. Brody, Rakoczy Molino Mazzochi Siwik, LLP, Chicago, IL, for Plaintiff.

Andrew E. Clark, U.S. Department of Justice, Washington, DC, for Defendants.

Carolyn Frances Corwin, Joshua D. Wolson, Covington & Burling, Washington, DC, for Intervenor-defendant.

MEMORANDUM OPINION

DENYING THE PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF

URBINA, District Judge.

I. INTRODUCTION

The plaintiff, Apotex, Inc., has marketed a generic version of the drug Prilosec for over three years pursuant to the approval of defendant1 U.S. Food and Drug Administration ("FDA"). On June 28, 2007, subsequent to a court order concluding...

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