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ABBOTT LABORATORIES v. TORPHARM, INC.

No. 97 C 7515.

156 F.Supp.2d 738 (2001)

ABBOTT LABORATORIES, Plaintiff, v. TORPHARM, INC.; Apotex, Inc.; Apotex Corp., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 30, 2001.

Attorney(s) appearing for the Case

Thomas David Brooks, Sperling, Slater & Spitz, P.C., Chicago, IL, Daniel E. Reidy, James R. Daly, Robert C. Micheletto, Jones, Day, Reavis & Pogue, Chicago, IL, for plaintiff. Hugh L. Moore, Richard Philip Beem, Scott B. Feder, Keith D. Parr, Paul J. Molino, William Andrew Rakoczy, Deanne M. Mazzochi, Lord, Bissell & Brook, Chicago, IL, for defendants.

OPINION AND ORDER

NORGLE, District Judge.

Before the court is Plaintiff's motion for summary judgment. For the following reasons, the motion is granted.

I. BACKGROUND

This patent infringement case arises from Defendants' (hereinafter "Torpharm") attempt to gain approval from the Food and Drug Administration ("FDA") to market the generic equivalent of DEPAKOTE®1, an anti-seizure medication produced by Abbott...

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