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TEVA PHARMACEUTICALS USA v. ABBOTT LABORATORIES

No. 03 C 5455.

301 F.Supp.2d 819 (2004)

TEVA PHARMACEUTICALS USA, INC. Plaintiff, v. ABBOTT LABORATORIES Defendant.

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

January 12, 2004.

Attorney(s) appearing for the Case

Michael Sennett, Erik F. Dyhrkopp, Wonah Kim, Bell, Boyd & Lloyd, Chicago, IL, Steven J. Lee, James Galbraith, Maria L. Palmese, Cynthia M. Lambert, Kenyon & Kenyon, New York, NY, for plaintiff.

David C. Bohan, Sachnoff & Weaver, Ltd., Chicago, IL, Jeffrey I. Weinberger, Ted G. Dane, Megan M. LaBelle, Munger, Tolles & Olson, LLP, Los Angeles, CA, for defendant.

MEMORANDUM OPINION AND ORDER

LEFKOW, District Judge.

Plaintiff, Teva Pharmaceuticals USA, Inc. ("Teva"), filed this action seeking a declaratory judgment that United States Patent Nos. 5,844,105 ("the '105 patent"), 5,945,405 ("the '405 patent"), and 5,858,986 ("the '986 patent") held by defendant, Abbott Laboratories ("Abbott"), are invalid and would not be infringed if Teva commercially marketed a generic version of Abbott's antibiotic BIAXIN. Before...

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