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ASS'N OF AM. PHYSICIANS v. FOOD & DRUG ADMIN.

Civil Action No. 07-0668 (JDB).

539 F.Supp.2d 4 (2008)

ASS'N OF AM. PHYSICIANS & SURGEONS, INC., et al., Plaintiffs, v. FOOD & DRUG ADMIN., et al., Defendants, and Duramed Pharmaceuticals, Inc., Intervenor — Defendant.

United States District Court, District of Columbia.

March 4, 2008.

Attorney(s) appearing for the Case

Lawrence J. Joseph, Washington, DC, for Plaintiffs.

Jane M. Lyons, United States Attorney's Office, Washington, DC, for Defendants.

Richard Melvyn Cooper, Ana C. Reyes, Williams & Connolly LLP, Washington, DC, for Intervenor-Defendant.

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

In August 2006, the United States Food and Drug Administration ("FDA") approved Barr Pharmaceuticals, Inc.'s ("Barr") supplemental new drug application ("SNDA") for Plan B, an emergency contraceptive drug currently marketed by Duramed Research, Inc. ("Duramed"), a wholly owned subsidiary of Barr. The approval of the SNDA allowed Plan B to be marketed without a prescription to consumers age 18 and over...

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