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FOREST LABORATORIES, INC. v. IVAX PHARMACEUTICALS, INC.

No. CIV.A. 03-891-JJF.

438 F.Supp.2d 479 (2006)

FOREST LABORATORIES, INC., Forest Laboratories Holding, Ltd. and H. Lundbeck A/S, Plaintiffs, v. IVAX PHARMACEUTICALS, INC., and Cipla Ltd., Defendants.

United States District Court, D. Delaware.

July 13, 2006.

Attorney(s) appearing for the Case

Melanie K. Sharp, Esquire and Andrew Lundgren, Esquire of Young Conaway Stargatt & Taylor, Wilmington, DE, Of Counsel: John M. Desmarais, Esquire; Peter J. Armenio, Esquire; Gerald J. Flattman, Jr., Esquire and Maxine Y. Graham, Esquire of Kirkland & Ellis LLP, New York, NY, for Plaintiffs.

Richard D. Kirk, Esquire of the Bayard Firm, Wilmington, DE, Of Counsel: Jeffrey S. Ward, Esquire; Thomas P. Heneghan, Esquire; Shane A. Brunner, Esquire; Edward J. Pardon, Esquire and Charlene L. Yager, Esquire of Michael Best & Friedrich LLP, Madison, WI, for Defendants.

OPINION

FARNAN, District Judge.

This action was brought by Plaintiffs, Forest Laboratories, Inc., Forest Laboratories Holdings, Ltd. and H. Lundbeck A/S (collectively, "Plaintiffs"), against Defendants Ivax Pharmaceuticals, Inc. ("Ivax") and Cipla Ltd. ("Cipla") (collectively, "Defendants") alleging infringement of U.S. Patent No. Re. 34,712 (the "'712 patent") based on IVAX's submission of Abbreviated New Drug Application ("ANDA") 76-765 to the Food...

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