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ALPHAPHARM PTY LTD. v. THOMPSON

No. CIV.A. 03-2269.

330 F.Supp.2d 1 (2004)

ALPHAPHARM PTY LIMITED, Plaintiff, v. Tommy G. THOMPSON, Secretary of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

August 13, 2004.

Attorney(s) appearing for the Case

Charles J. Raubicheck, Frommer, Lawrence & Haug LLP, New York, NY, for Plaintiff.

Andrew E. Clark, Gerald Cooper Kell, Washington, DC, for Defendants.

MEMORANDUM

ROBERTSON, District Judge.

Plaintiff Alphapharm Pty Limited challenges the Food and Drug Administration's ("FDA") refusal to list the '884 patent for citalopram (brand name Celexa®) in its Orange Book and FDA's related refusal to receive Alphapharm's abbreviated new drug application ("ANDA") for review. Before the Court are the parties' cross-motions for summary judgment. For the reasons stated below, defendant's motion must be granted...

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