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MEAD JOHNSON & COMPANY v. BARR LABORATORIES, INC.

No. 97 CIV. 6317 JES.

38 F.Supp.2d 289 (1999)

MEAD JOHNSON & COMPANY and Bristol-myers Squibb Company, Plaintiffs, v. BARR LABORATORIES, INC., Defendant.

United States District Court, S.D. New York.

March 5, 1999.

Attorney(s) appearing for the Case

Fitzpatrick, Cella, Harper & Scinto, New York, NY, Errol B. Taylor, Lee A. Goldberg, of Counsel, for Plaintiffs.

Bryan Cave LLP, New York, NY, Philippe Bennett, of Counsel, for Defendant.

Winston & Strawn, Washington, D.C., Charles B. Molster III, Michael K. Atkinson, of Counsel, for Defendant.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiffs Mead Johnson & Company and Bristol-Myers Squibb Company (collectively "Mead Johnson") bring the instant action for patent infringement against defendant Barr Laboratories, Inc. ("Barr"), alleging that Barr has infringed U.S. Patent No. 4,258,027 (the "'027 patent") by submitting Abbreviated New Drug Application ("ANDA") No. 71-196 with the U.S. Food and Drug Administration ("FDA"). Mead...

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