ECKHARDT v. QUALITEST PHARMACEUTICALS INC.

Civil Action No. M-11-235.

858 F.Supp.2d 792 (2012)

Roy ECKHARDT, et al., Plaintiffs, v. QUALITEST PHARMACEUTICALS INC., et al., Defendants.

United States District Court, S.D. Texas, McAllen Division.

April 30, 2012.


Attorney(s) appearing for the Case

Daniel McGlynn , Terrence Joseph Donahue , McGlynn Glisson Mouton , Baton Rouge, LA, William B. Curtis , Curtis Law Group, Dallas, TX, John Timblin Flood , Flood & Flood, Corpus Christi, TX, for Plaintiffs.

Marjory Colvin Batsell , Attorney at Law, Brownsville, TX, Michael R. Klatt , Attorney at Law, Austin, TX, Andrew J. Calica , Henninger S. Bullock , Mayer Brown LLP, Mark S. Cheffo , Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, Charles Stephen Kelley , Mayer Brown LLP, Houston, TX, for Defendants.


ORDER

MICAELA ALVAREZ, District Judge.

Pending before the Court is the self-styled "Motion to Dismiss by Defendants Qualitest Pharmaceuticals, Inc. and Vintage Pharmaceuticals, LLC" and supporting memorandum.1 Defendants Qualitest Pharmaceuticals, Inc. and Vintage Pharmaceuticals, LLC, the generic manufacturer defendants ("Generics"), argue that in light of PLIVA, Inc. v. Mensing,2 Plaintiffs...

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