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CEPHALON, INC. v. SEBELIUS

Civil Action No. 11-542 (ESH).

796 F.Supp.2d 212 (2011)

CEPHALON, INC., Plaintiff, v. Kathleen SEBELIUS, Secretary of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

July 14, 2011.

Attorney(s) appearing for the Case

Jonathan Abram, Susan Margaret Cook, Hogan Lovells U.S. LLP, Washington, DC, Jonathan Singer, Fish & Richardson, Minneapolis, MN, Juanita Brooks, Fish & Richardson, San Diego, CA, for Plaintiff.

Drake S. Cutini, Department of Justice Office of Consumer Litigation, Cindy Jane Cho, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Plaintiff Cephalon, Inc., a Delaware corporation with its principal place of business in Pennsylvania, has sued Kathleen Sebelius, the Secretary of Health and Human Services, and Margaret Hamburg, the Commissioner of the Food and Drug Administration, in their official capacities. Plaintiff, the manufacturer of Fentora, a name brand or "pioneer" drug, brings this suit under the Administrative...

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