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BARR LABORATORIES v. KOS PHARMACEUTICALS

No. 02 CIV. 1683.

362 F.Supp.2d 421 (2005)

BARR LABORATORIES, INC., Plaintiff, v. KOS PHARMACEUTICALS, INC., Defendant.

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

March 28, 2005.

Attorney(s) appearing for the Case

Brian L. Franklin, George Lombardi, James Francis Hurst, Kevin J. O'Shea, Lynn M. Ulrich, Marlon D. Moffett, Stephanie S. McCallum, Taras A. Gracey, Winston & Strawn LLP, Chicago, IL, Brian R. Pollack, Winston & Strawn, LLP, New York, NY, for Plaintiff.

Denise L. Loring, Robert B. Wilson, Fish & Neave, Kenneth B. Herman, Ropes & Gray, LLP, New York, NY, for Defendant.

DECISION AND ORDER

MARRERO, District Judge.

On March 7, 2005, Kos Pharmaceuticals, Inc. ("Kos") filed a motion for a preliminary injunction and temporary restraining order against Barr Laboratories, Inc. ("Barr") to prevent Barr from beginning sale of its generic version of Kos's drug Niaspan(R)1 after the Food and Drug Administration ("FDA") lifts the automatic 30-month stay, issued pursuant to the Hatch-Waxman Act at...

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