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APOTEX INC. v. FOOD AND DRUG ADMIN.

No. CIV.A. 05-0125(JDB).

414 F.Supp.2d 61 (2006)

APOTEX INC., Plaintiff, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, District of Columbia.

February 13, 2006.

Attorney(s) appearing for the Case

Arthur Y. Tsien, Olsson, Frank and Weeda, PC, Washington, DC, William A. Rakoczy, Christine J. Siwik, Maureen L. Rurka, Rakoczy Molino Mazzochi Siwik LLP, Chicago, IL, Patricia Eggleston Pahl, Olsson, Frank & Weeda, P.C., Washington, DC, Counsel for plaintiff.

Andrew E. Clark, U.S. Department of Justice, Office of Consumer Litigation, Washington, DC, Counsel for defendants.

MEMORANDUM OPINION

BATES, District Judge.

Plaintiff Apotex, Inc. ("Apotex") brings this action against the Food and Drug Administration ("FDA"), Secretary of Health and Human Services Michael 0. Leavitt, and Acting FDA Commissioner Lester M. Crawford, challenging FDA's decision to deny immediate approval to Apotex for a generic version of the drug omeprazole as arbitrary and capricious under the Administrative Procedure Act ("APA"), 5 U.S.C. §...

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