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ABBOTT LABS. v. MYLAN PHARMACEUTICALS

No. 1D08-0602.

15 So.3d 642 (2009)

ABBOTT LABORATORIES, Appellant, v. MYLAN PHARMACEUTICALS, INC., Appellee.

District Court of Appeal of Florida, First District.

June 22, 2009.

Attorney(s) appearing for the Case

Michael J. Glazer and John R. Beranek of Ausley & McMullen, Tallahassee, for Appellant.

William E. Williams and Amy W. Schrader of GrayRobinson, P.A., Tallahassee, for Appellee.

VAN NORTWICK, J.

Abbott Laboratories (Abbott), the manufacturer of a levothyroxine sodium (LS) drug product, Synthroid®, appeals a summary final order of an administrative law judge (ALJ) in a rule challenge proceeding brought by Mylan Pharmaceuticals, Inc. (Mylan), appellee, the manufacturer of a competing generic drug. In the summary final order, the ALJ ruled that Florida Administrative Code Rule 64B16-27.500(6), which was part of the negative drug formulary...

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