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  5. 379 F.Supp.2d 733 (2005)
 

FMC CORP. v. AMVAC CHEMICAL CORP.

No. CIV.A. 05-CV-2593.

379 F.Supp.2d 733 (2005)

FMC CORP., Plaintiff, v. AMVAC CHEMICAL CORP., Defendant.

United States District Court, E.D. Pennsylvania.

August 1, 2005.

Attorney(s) appearing for the Case

Abbe F. Fletman, Wolf Block Schorr & Solis — Cohen LLP, Kelly Dobbs Bunting, Wolf Block Schorr and Solis-Cohen, Philadelphia, PA, for FMC Corp.

Howard D. Scher, Buchanan Ingersoll, PC, Philadelphia, PA, for AMVAC.

MEMORANDUM AND ORDER

PRATTER, District Judge.

I. BACKGROUND

The instant procedural dispute between FMC Corporation ("FMC"), a pioneer pesticide producer, and AMVAC Chemical Corporation ("AMVAC"), a generic pesticide producer, centers on the equitable application of the so-called "first-filed" or "first-to-file" rule.

AMVAC is a California corporation headquartered in Orange County, California. AMVAC paid $2.7 million to FMC for the right...

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