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MYLAN PHARMACEUTICALS, INC. v. PROCTOR & GAMBLE CO

No. 03 Civ. 10150(PKC).

443 F.Supp.2d 453 (2006)

MYLAN PHARMACEUTICALS, INC., Plaintiff, v. PROCTER & GAMBLE CO., Defendant.

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

February 21, 2006.

Attorney(s) appearing for the Case

Steven G. Brody, Keith E. Sharkin, King & Spalding L.L.P., New York City, for Plaintiff.

Bruce S. Meyer, Weil, Gotshal & Manges LLP, Harold Paul Weinberger, Kramer, Jonathan Mark Wagner, Levin, Naftalis & Frankel, LLP, James W. Quinn, Weil, Gotshal & Manges LLP, New York City, for Defendant.

MEMORANDUM AND ORDER

CASTEL, District Judge.

This is a Lanham Act action brought by Mylan Pharmaceuticals Inc. ("Mylan") against The Procter & Gamble Company ("P & G") asserting that P & G's now-discontinued advertisements for Prilosec OTC were false or misleading. In 1989, the Food and Drug Administration ("FDA") approved the sale of prescription omeprazole as a drug to treat, among other specifically identified conditions, gastroesophageal...

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