OPINION
SLEET, District Judge.
The plaintiff Merck & Co., Inc. ("Merck") filed suit against the defendant Apotex, Inc. ("Apotex") in the above-captioned matter, alleging that Apotex committed an act of patent infringement under 35 U.S.C. § 271(e)(2)(A). Merck moves to dismiss its complaint for' lack of subject matter jurisdiction because, since filing suit, it has given Apotex a comprehensive covenant not to...
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