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SIMONIAN v. ALLERGAN, INC.

No. 10 C 02414.

757 F.Supp.2d 785 (2010)

Thomas A. SIMONIAN, Relator, v. ALLERGAN, INC., Defendant.

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

November 30, 2010.

Attorney(s) appearing for the Case

Joseph Michael Vanek, John Paul Bjork, Vanek, Vickers & Masini, P.C., Martin Goering, Eugene M. Cummings, P.C., Chicago, IL, for Relator.

David Kenneth Callahan, Helen I. Odom, Meredith L. Krannich, Kirkland & Ellis LLP, Chicago, IL, Luke L. Dauchot, Sharre Sara Lotfollahi, Kirkland & Ellis, Los Angeles, CA, for Defendant.

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Judge:

Relator, Thomas A. Simonian, has brought a qui tam action against Defendant, Allergan, Inc., alleging that Allergan has violated 35 U.S.C. § 292 by marking certain of its prescription pharmaceutical products with two expired patents, namely U.S. Patent Numbers 4,839,342 ("the '342 patent") and 4,649,047 ("the '047 patent"). (R. 1.) Defendant has filed a motion to dismiss pursuant...

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