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ELAN CORP., PLC v. ANDRX PHARMACEUTICALS, INC.

Nos. 98-7164-CIV, 98-7057-CIV.

272 F.Supp.2d 1325 (2002)

ELAN CORPORATION, PLC, Plaintiff and Counter-Defendant, v. ANDRX PHARMACEUTICALS, INC, Defendant and Counter-Plaintiff. Elan Corporation, PLC, Plaintiff and Counter-Defendant, v. Andrx Pharmaceuticals, Inc, Defendant and Counter-Plaintiff.

United States District Court, S.D. Florida, Miami Division.

Order on Post Trial Motions March 24, 2003.

Attorney(s) appearing for the Case

Steven Ira Peretz, Kluger Peretz Kaplan & Berlin Miami Center, Miami, FL, James B. Monroe, Liam O'Grady, James R. Barney, Finnegan Henderson Farabow Garrett & Dunner, Washington, DC, Terri Ellen Tuchman Meyers, Kluger Peretz Kaplan & Berlin, Fort Lauderdale, FL, for Elan Corp., PLC.

Gerald J. Houlihan, Houlihan & Partners, Miami, FL, for Andrx Pharmaceuticals, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JORDAN, District Judge.

Elan Corporation filed suit against Andrx Pharmaceuticals for patent infringement under 35 U.S.C. §§ 271(e) and 281-283. Andrx answered and interposed counterclaims, including a claim that Elan's patent was invalid. Subject matter jurisdiction exists pursuant to 28 U.S.C. §§ 1331, 1338, 2201 and 2202, and venue is proper in this district pursuant to 28 U.S.C. §§...

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