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TORPHARM, INC. v. THOMPSON

No. CIV.A. 03-0254(ESH).

260 F.Supp.2d 69 (2003)

TORPHARM, INC., Plaintiff, v. Tommy G. THOMPSON, et al. Defendants, and Purepac Pharmaceutical Co., Intervenor-Defendant

United States District Court, District of Columbia.

April 25, 2003.

Attorney(s) appearing for the Case

Arthur Y. Tsien, Olsson, Frank and Weeda, P.C., Washington, DC, for Plaintiff.

Andrew E. Clark, U.S. Dept. of Justice, Office of Consumer Litigation, Washington, DC, Peter Blumberg, U.S. Attorney's

Office Civ. Div., Washington, DC, for Defendants.

MEMORANDUM OPINION

HUVELLE, District Judge.

This is the latest installment in the longrunning battle to determine which will be the first company permitted to market a generic version of the drug gabapentin. Competing for this privilege—and, more importantly, for the statutory right to sell the drug for 180 days free from generic competition—are plaintiff TorPharm, Inc. ("TorPharm") and intervenor-defendant Purepac Pharmaceutical Co...

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