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BRISTOL-MYERS SQUIBB v. ANDRX PHARMACEUTICALS

No. 03-60703-CIV.

343 F.Supp.2d 1124 (2004)

BRISTOL-MYERS SQUIBB COMPANY and E.R. Squibb & Sons, L.L.C., Plaintiffs, v. ANDRX PHARMACEUTICALS, INC. and Andrx Pharmaceuticals, L.L.C., Defendants.

United States District Court, S.D. Florida.

June 4, 2004.

Attorney(s) appearing for the Case

Laura Besvinick, Luca Roberto Bronzi, Hogan & Hartson, Miami, FL, Pasquale A. Razzano, Henry Park, David F. Ryan, Fitzpatriek Cella Harper & Scinto, New York City, for Plaintiffs.

James Costigan, Alan B. Clement, Katharine G. Loving, Hedman & Costigan, New York City, Teresa Ragatz, Eric David Isicoff, Michael Darren Bon, Isicoff Ragatz & Koenigsberg, Miami, FL, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HUCK, District Judge.

THIS MATTER is before the Court for a ruling on the issues presented during a bench trial held from April 26 to 30, 2004. In this patent infringement action, the crux of the Plaintiffs' case relies on their suggestion that one of the ingredients, microcrystalline cellulose, in the Defendants' proposed medicinal tablet formulations can be divided into two portions, one portion of which functions...

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