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MERCK & CO., INC. v. MYLAN PHARMACEUTICALS, INC.

Civil Action No. 97-CV-4241.

19 F.Supp.2d 334 (1998)

MERCK & CO., INC., Plaintiff, v. MYLAN PHARMACEUTICALS, INC., Defendant.

United States District Court, E.D. Pennsylvania.

August 24, 1998.

Attorney(s) appearing for the Case

David P. Bruton, Drinker, Biddle & Reath, Philadelphia, PA, James H. Wallace, Jr., Gregory R. Lyons, Wiley, Rein & Fielding, Washington, DC, Mary B. Graham, Matthew B. Lehr, Lisa B. Baeurle, Julia Heaney, Richard H. Cross, Jr., Richard L. Sutton, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Maryellen Noreika, Rodney Carroll, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Plaintiff.

Margaret S. Woodruff, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, James H. Wallace, Jr., Wiley, Rein & Fielding, Washington, DC, for Defendant.

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

I. INTRODUCTION

This is an action brought by plaintiff Merck Pharmaceuticals against defendant Mylan Pharmaceuticals for patent infringement of its SINEMET CR tablets, designed for use in the treatment of Parkinson's disease. Merck alleges that, under the well-established patent law doctrine of equivalents, Mylan's filing of an Abbreviated New Drug Application ("ANDA") with the Food and Drug Administration...

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