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KOS PHARMACEUTICALS, INC. v. BARR LABORATORIES, INC.

No. 02 Civ. 1683(VM).

293 F.Supp.2d 370 (2003)

KOS PHARMACEUTICALS, INC., Plaintiff, v. BARR LABORATORIES, INC., Defendant.

United States District Court, S.D. New York.

November 21, 2003.

Attorney(s) appearing for the Case

Denise L. Loring, Kenneth B. Herman, Robert B. Wilson, Fish & Neave, New York, NY, for Kos Pharmaceuticals, Inc.

Marion D. Moffett, James F. Hurst, Lynn M. Ulrich, Brian L. Franklin, Winston & Strawn, LLP, George Lombardi, Winston & Strawn, Chicago, IL, Brian R. Pollack, Stephanie S. McCallum, Taras A. Gracey, Kevin J. O'Shea, Anne L. Quintal, Winston & Strawn, New York, NY, for Barr Labs., Inc.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Kos Pharmaceuticals, Inc. ("Kos") has filed a motion seeking "clarification" of this Court's Decision and Order dated October 15, 2003 (the "Decision").1 The Decision granted in part and denied in part defendant Barr Laboratories, Inc.'s ("Barr") motion to bifurcate the adjudication of the merits of this action into separate trials for liability and willfulness. The...

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