MEMORANDUM OPINION
SUE L. ROBINSON, District Judge.
I. INTRODUCTION
This action arises out of the filing of an Abbreviated New Drug Application ("ANDA") with the United States Food and Drug Administration ("FDA") by defendants Apotex, Inc. and Apotex Corp. (collectively, "Apotex"). Allergan, Inc. ("Allergan") is the holder of approved New Drug Application ("NDA") No. 22-548 that covers Zymaxid®, a 0.5% ophthalmic solution of gatifloxacin....
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