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WATSON PHARMACEUTICALS, INC. v. HENNEY

No. 00CV3516.

194 F.Supp.2d 442 (2001)

WATSON PHARMACEUTICALS, INC. v. Jane E. HENNEY, M.D., etc. and Bristol-Myers Squibb Company

United States District Court, D. Maryland.

January 18, 2001.

Attorney(s) appearing for the Case

Douglas B. Farquhar, John R. Fleder, Robert A. Dormer, Hyman, Phelps & McNamara, PC, Washington, DC, Edgar H. Haug, Barry S. White, Daniel G. Brown, Frommer Lawrence and Haug, LLP, New York City, for plaintiff.

Andrew E. Clark, U.S. Dept. of Justice, Washington, DC, for Jane E. Henney, M.D., defendant.

J. Hardin Marion, Tydings and Rosenberg, LLP, Baltimore, MD, Richard J. Stark, Evan R. Chesler, David R. Marriott, Cravath Swaine and Moore, New York City, for Bristol-Myers Squibb Co., defendant.

MEMORANDUM OPINION

SMALKIN, District Judge.

In an attempt to balance the national and private interests competing in the arena of patented pharmaceuticals, Congress some time ago enacted the so-called "Hatch-Waxman Amendments," establishing a split-the-baby scheme under which holders of patents on "pioneer drugs" were extended the carrot of what amounts to extended patent protection to account for delays...

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