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ETHYPHARM S.A. FRANCE v. ABBOTT LABORATORIES

Civ. No. 08-126-SLR.

598 F.Supp.2d 611 (2009)

ETHYPHARM S.A. FRANCE, Plaintiff, v. ABBOTT LABORATORIES, Defendant.

United States District Court, D. Delaware.

February 20, 2009.

Attorney(s) appearing for the Case

Gregory B. Williams, Esquire of Fox Rothchild LLP, Wilmington, DE, of counsel, Dwight P. Bostwick, Esquire and Bruce R. Grace, Esquire of Baach Robinson & Lewis PLLC, Washington, D.C., for Plaintiff.

David J. Margules, Esquire and Sean M. Brennecke, Esquire of Bouchard Margules & Friedlander, P.A., Wilmington, DE, of counsel, William F. Cavanaugh, Jr., Esquire, Thomas W. Pippert, Esquire, and Benjamin S. Litman, Esquire of Patterson Belknap Webb & Tyler LLP, New York, NY, for Defendant.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Ethypharm S.A. France ("Ethypharm") brought this action against defendant Abbott Laboratories ("Abbott") on March 3, 2008. (D.I. 1) Both parties are manufacturers of pharmaceutical drugs, more specifically, fenofibrate. Ethypharm alleges that Abbott has interfered with Ethypharm's licensee from marketing and selling Ethypharm's fenofibrate product under an exclusive licensing...

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