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APOTEX, INC. v. SEBELIUS

Civil Action No. 10-517 (RMC).

700 F.Supp.2d 138 (2010)

APOTEX, INC., et al., Plaintiffs, v. Kathleen SEBELIUS, Secretary, Department of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

April 2, 2010.

Attorney(s) appearing for the Case

Carmen Mercedes Shepard, Kate Cumming Beardsley, Buc & Beardsley, LLP, William Barnett Schultz, Zuckerman Spaeder, LLP, Washington, DC, for Plaintiffs.

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

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

The question presented is whether the U.S. Food and Drug Administration ("FDA") was arbitrary and capricious when it applied the reasoning of a recent D.C. Circuit opinion, with which the FDA disagrees, to the facts of the instant dispute when time is of the essence and the Solicitor General has not yet decided whether to move for rehearing.

Plaintiffs in this consolidated case, Apotex, Inc...

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