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GRACEWAY PHARMACEUTICALS, LLC v. PERRIGO COMPANY

Civil Action No.: 2:10-cv-937.

697 F.Supp.2d 600 (2010)

GRACEWAY PHARMACEUTICALS, LLC, and 3M Innovative Properties Co., Plaintiffs, v. PERRIGO COMPANY, Perrigo Israel Pharmaceuticals Ltd., and Nycomed U.S. Inc., Defendants.

United States District Court, D. New Jersey.

March 8, 2010.

Attorney(s) appearing for the Case

Robert Novak, Edwards, Angell, Palmer and Dodge LLP, Madison, NJ, for Plaintiff.

OPINION

WILLIAM J. MARTINI, District Judge.

I. INTRODUCTION

This law suit is brought by Plaintiffs Graceway, LLC, (Graceway), founded in 2006, and Plaintiff 3M Innovative Products Co., ("3M IPC"). Three distinct patents are involved in this lawsuit.

First, the '338 Patent, (Patent No. 4,698,338), covers imiquimod, the active pharmacological ingredient in Aldara, a product originally approved by the Food and Drug Administration, ...

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