ALZA CORP. v. ANDRX PHARMACEUTICALS, LLC

Civil Action No. 05-642-JJF.

607 F.Supp.2d 614 (2009)

ALZA CORPORATION and McNeil-PPC, Inc., Plaintiffs, v. ANDRX PHARMACEUTICALS, LLC, and Andrx Corporation, Defendants.

United States District Court, D. Delaware.

March 30, 2009.


Attorney(s) appearing for the Case

David T. Pritikin, Esquire and Thomas D. Rein, Esquire of Sidley Austin LLP, New York, NY, Jeffery P. Kushan, Esquire and Todd A. Wagner, Esquire of Sidley Austin LLP, Washington, D.C., Michael D. Hatcher, Esquire of Sidley Austin LLP, Dallas, TX, Steven J. Balick, Esquire and John G. Day, Esquire of Ashby & Geddes, Wilmington, DE, for Plaintiffs Alza Corporation and McNeil-PPC, Inc.

John W. Bateman, Esquire; C. Kyle Musgrove, Esquire; Robert F. Vroom, Esquire and Douglas T. Lee of Kenyon & Kenyon LLP, Washington D.C., William J. Cattie, III, Esquire and George T. Lees III, Esquire of Rawle & Henderson LLP, Wilmington, DE, for Defendants Andrx Pharmaceuticals, LLC and Andrx Corporation.


OPINION

FARNAN, District Judge.

This action was brought by Plaintiffs, Alza Corporation ("Alza") and McNeil-PPC, Inc. ("McNeil"), against Defendants, Andrx Pharmaceuticals, LLC ("Andrx") and Andrx Corporation ("Andrx Corp.") (collectively, "Andrx"), in connection with the Abbreviated New Drug Applications ("ANDAs") filed by Andrx seeking to market generic versions of CONCERTA®, a drug developed and manufactured by Alza for distribution by McNeil...

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