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CEPHALON, INC. v. TRAVELERS COMPANIES, INC.

No. 12 Civ. 5395 (RJS).

935 F.Supp.2d 609 (2013)

CEPHALON, INC., Plaintiff, v. The TRAVELERS COMPANIES, INC., et al., Defendants.

United States District Court, S.D. New York.

March 15, 2013.

Attorney(s) appearing for the Case

Erica June Smith-Klocek , J. Gordon Cooney, Jr. , Steven A. Reed , Morgan, Lewis & Bockius LLP, Philadelphia, PA, Katherine Cecilia Milgram , Michael Stephan Kraut , Morgan, Lewis & Bockius LLP, New York, NY, for Plaintiff.

James Joseph Reardon, Jr. , Katherine Scanlon , Reardon Scanlon Vodoloa LLP, West Hartford, CT, William Louis Hurlock , Seiger Gfeller Laurie LLP, New York, NJ, for Defendants.

MEMORANDUM AND ORDER

RICHARD J. SULLIVAN, District Judge:

Plaintiff Cephalon, Inc. ("Cephalon") brings this action against The Travelers Companies, Inc. ("Travelers, Inc.") and four of its subsidiaries, Travelers Indemnity Company, Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, and The Standard First Insurance Company (collectively, "Travelers"), seeking a declaratory judgment that Cephalon's off-label promotion of the...

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