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DAIICHI PHARMACEUTICAL CO., LTD. v. APOTEX, INC.

No. Civ. 03-937(WGB).

380 F.Supp.2d 478 (2005)

DAIICHI PHARMACEUTICAL CO., LTD. and Daiichi Pharmaceutical Corporation, Plaintiffs, v. APOTEX, INC. and Apotex Corp., Defendants.

United States District Court, D. New Jersey.

August 8, 2005.

Attorney(s) appearing for the Case

James P. Flynn, Epstein, Becker & Green, P.C., Newark, NJ, Brian P. Murphy, David Leichtman, Morgan Lewis Bockius LLP, New York City, for Plaintiff.

Adorno & Yoss, LLP, Wayne, NJ, Robert B. Breisblatt, Julie A. Katz, Michael A. Krol, Welsh & Katz, Ltd., Chicago, IL, for Defendant.

OPINION

BASSLER, Senior District Judge.

Plaintiffs are Daiichi Pharmaceutical Co. Ltd., a Japanese drug manufacturer, and its New Jersey-based subsidiary, Daiichi Pharmaceutical Corporation (collectively, "Daiichi"). This lawsuit concerns Daiichi's U.S. Patent No. 5,401,741 (the" '741 patent"), entitled a "Topical Preparation for Treating Otopathy."

Daiichi brings this action against Apotex Inc., a Canadian-based generic drug manufacturer...

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