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ALLERGAN, INC. v. CRAWFORD

No. CIV.A. 03-2236RMC.

398 F.Supp.2d 13 (2005)

ALLERGAN, INC., Plaintiff, v. Lester M. CRAWFORD, DVM, Ph.D., Acting Commissioner of Food and Drugs, and Tommy G. Thompson, Secretary, Health and Human Services, Defendants.

United States District Court, District of Columbia.

January 19, 2005.

Attorney(s) appearing for the Case

Donald O. Beers, Arnold & Porter, Washington, DC, pro se.

Drake S. Cutini, Department of Justice, Office of Consumer Litigation, Washington, DC, for Defendants.

MEMORANDUM OPINION

COLLYER, District Judge.

This lawsuit arises from a dispute over the Food and Drug Administration's ("FDA") classification of cyclosporine as an "antibiotic" drug. Allergan, Inc. ("Allergan") is a pharmaceutical company that manufactures Restasis®, a 0.05% topical ophthalmic emulsion of cyclosporine that is used to treat an eye condition known as keratoconjunctivitis or dry eye disease. Allergan argues that cyclosporine is...

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