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EKR THERAPEUTICS v. SUN PHARMACEUTICAL INDUSTRIES

Civ. Action No. 07-1788 (KSH).

633 F.Supp.2d 187 (2009)

EKR THERAPEUTICS, INC., Plaintiffs, v. SUN PHARMACEUTICAL INDUSTRIES, LTD., Defendant.

United States District Court, D. New Jersey.

Order Denying Reconsideration July 31, 2009.

Attorney(s) appearing for the Case

James S. Richter, Melissa Steedle Bogad, Winston & Strawn, LLP, Newark, NJ, Charles Michael Lizza, William C. Baton, Saul Ewing, LLP, Newark, NJ, for Plaintiffs.

James S. Richter, Melissa Steedle Bogad, Winston & Strawn, LLP, Newark, NJ, for Defendant.

OPINION

KATHARINE S. HAYDEN, District Judge.

I. Background

A. The Present Dispute

This patent infringement suit arises under the Federal Food, Drug, and Cosmetic Act ("FD & C Act"), and, more specifically, the Hatch-Waxman Amendments to that body of law. Plaintiff PDL Biopharma, Inc. ("PDL"), now substituted by EKR Therapeutics, Inc. ("EKR"),1 brought suit against defendant Sun Pharmaceutical...

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