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MEAD JOHNSON PHARMACEUTICAL GROUP v. BOWEN

Civ. A. No. 85-3971.

655 F.Supp. 53 (1986)

MEAD JOHNSON PHARMACEUTICAL GROUP, Mead Johnson & Company, a Delaware Corporation, Plaintiff, v. Otis R. BOWEN, et al., Defendants.

United States District Court, District of Columbia.

February 5, 1986.

Attorney(s) appearing for the Case

Alan H. Kaplan, Washington, D.C., for plaintiff.

Kenneth L. Jost, Office of Consumer Litigation, Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM OPINION

NORMA HOLLOWAY JOHNSON, District Judge.

Plaintiff brings this action seeking a declaration that its drug product Desyrel, trazadone HCL, was approved for marketing by the Food and Drug Administration (FDA) in 1982 and not on December 24, 1981, the date of the FDA approval letter. Plaintiff seeks such a determination to qualify its product for a ten-year period of non-patent marketing exclusivity provided by the 1984 Amendments to the Federal...

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