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INWOOD LABORATORIES, INC. v. YOUNG

Civ. A. No. 89-0845 (HHG).

723 F.Supp. 1523 (1989)

INWOOD LABORATORIES, INC., Plaintiff, v. Frank E. YOUNG, M.D., et al., Defendants.

United States District Court, District of Columbia.

May 12, 1989.

Attorney(s) appearing for the Case

Alan H. Kaplan, Richard S. Morey, Peter R. Mathers, Kleinfeld, Kaplan & Becker, Washington, D.C. (James S. Rubin, of counsel), for plaintiff.

Charles F. Flynn, Asst. U.S. Atty., Washington, D.C. (Thomas Scarlett, Chief Counsel, David G. Adams, Associate Chief Counsel for Drugs, Office of Gen. Counsel, U.S. Food & Drug Admin., of counsel), for defendants.

MEMORANDUM

HAROLD H. GREENE, District Judge.

This case involves certain exclusivity provisions in the Drug Price Competition and Patent Term Restoration Act of 1984, Pub.L. No. 98-417 ("1984 Amendments"). Plaintiff, a generic manufacturer of drug products containing controlled-release propranolol HC1, seeks declaratory and injunctive relief requiring the FDA to delay by 180 days the effective dates of approval of similar products manufactured by its competitors...

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