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MYLAN LABORATORIES, INC. v. LEAVITT

Civil Action No. 07-579 (RMU).

495 F.Supp.2d 43 (2007)

MYLAN LABORATORIES, INC. et al., Plaintiff, v. Michael LEAVITT et al., Defendants, and Teva Pharmaceuticals USA., Apotex, Inc., Mutual Pharmaceuticals Co., Intervenors.

United States District Court, District of Columbia.

June 29, 2007.

Attorney(s) appearing for the Case

David James Harth, Heller Ehrman, LLP, Madison, WI; for Plaintiffs.

Drake S. Cutini, Department of Justice Office of Consumer Litigation, Washington, DC, for Defendants.

Jay P. Lefkowitz, Michael D. Shumsky, Kirkland & Ellis LLP, Arthur Y. Tsien, Olsson, Frank and Weeda, PC, John Will Ongman, Axinn Veltrop & Harkrider LLP, Washington, DC, Robert Breisblatt, Welsh & Katz, Limited, Chicago, IL, Steven E. Feldman, San Diego, CA, Chad A. Landmon, Jo Anne M. Kokoski, Axinn, Veltrop & Harkrider, L.L.P., Hartford, CT, for Intervenors.

MEMORANDUM OPINION

DENYING MYLAN'S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER

URBINA, District Judge.

I. INTRODUCTION

This matter comes before the court on the plaintiffs emergency motion for a temporary restraining order. Plaintiff Mylan Laboratories asks the court to order the FDA to relist Pfizer's patent for Norvasc on its patent register. Currently, the plaintiff is one of only two generic drug manufacturers who market...

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