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ASTRAZENECA PHARMACEUTICALS, LP v. MAYNE PHARMA (USA), INC.

No. 02 Civ.7936(WHP), No. 03 Civ.6487(WHP).

352 F.Supp.2d 403 (2004)

ASTRAZENECA PHARMACEUTICALS, LP and Astrazeneca Pharmaceuticals, UK, Ltd., Plaintiffs, v. MAYNE PHARMA (USA) INC., Defendant.

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

December 28, 2004.

Attorney(s) appearing for the Case

Herbert F. Schwartz, Denise L. Loring, Gerald J. Flattmann, Fish & Neave, New York, New York, for Plaintiffs.

Jules E. Goldberg, Lawrence J. Reina, Tracy Z. Frisch, Charles H. Dougherty, Reed Smith LLP, New York, New York, for Defendant.

MEMORANDUM AND ORDER

PAULEY, District Judge.

AstraZeneca Pharmaceuticals LP and AstraZeneca UK Ltd. (collectively, "Plaintiffs" or "AstraZeneca") allege patent infringement by Mayne Pharma (USA) Inc. ("Defendant" or "Mayne"), formerly known as Faulding Pharmaceutical Company. In particular, AstraZeneca accuses Mayne of infringing U.S. Patent Nos. 5,714,520 (the" '520 patent"), 5,731,355 and 5,731,356 (collectively, the "asserted patents") by filing...

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