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AMERICAN BIOSCIENCE, INC. v. SHALALA

No. CIV.A. 00-2247 CKK.

142 F.Supp.2d 1 (2000)

AMERICAN BIOSCIENCE, INC. Plaintiff, v. Donna E. SHALALA, et al., Defendants.

United States District Court, District of Columbia.

October 3, 2000.

Attorney(s) appearing for the Case

Arthur YaShih Tsien, Olsson, Frank & Weeda, P.C., Washington, DC, Joseph F. Coyne, Sheppard, Mullin, Richter & Hampton, LLP, Los Angeles, CA, for Plaintiff.

Drake Stephen Cutini, U.S. Department of Justice Office of Consumer Litigation, John D. Kiser, Richard Melvyn Cooper, Williams & Connolly, Edward Bennett Williams, Washington, DC, for Defendants.

MEMORANDUM OPINION

KOLLAR-KOTELLY, District Judge.

Plaintiff American Bioscience, Inc. ("ABI"), which holds a patent related to the anti-cancer drug paclitaxel, claims that Defendant Food and Drug Administration ("FDA") improperly approved the application of Intervenor Baker Norton Pharmaceuticals ("BNP")1 to market the drug generically. Intervenor Bristoll-Myers Squibb Company (...

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