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ABBOTT LABORATORIES, INC. v. APOTEX INC.

No. 09 C 7968.

725 F.Supp.2d 724 (2010)

ABBOTT LABORATORIES, INC., and Abbott GMBH & Co. KG, Plaintiffs, v. APOTEX INC. and Apotex Corp., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

July 9, 2010.

Attorney(s) appearing for the Case

Erica J. Pascal, John Allcock, Richard Thomas Mulloy, DLA Piper LLP, San Diego, CA, Raj Niranjan Shah, DLA Piper U.S. LLP, Chicago, IL, Stuart E. Pollack, DLA Piper, New York, NY, for Plaintiffs.

Keith D. Parr, David B. Abramowitz, James T. Peterka, Locke Lord Bissell & Liddell LLP, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, District Judge.

Plaintiffs Abbott Laboratories, Inc. and Abbott GMBH & Co. KG (collectively "Abbott"), are the owners of U.S. Patent Number 5,436,272 (the "`272 Patent"), a medical treatment for obesity using sibutramine hydrochloride, which is marketed under the name Meridia®. Defendants Apotex Inc. and Apotex Corp. (collectively "Apotex") seek to market a generic version. Accordingly, Apotex...

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