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  5. 898 F.Supp.2d 227 (2012)
 

ISTA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMIN.

Case No. 1:11-CV-0907.

898 F.Supp.2d 227 (2012)

ISTA PHARMACEUTICALS, INC., Plaintiff, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, District of Columbia.

October 17, 2012.

Attorney(s) appearing for the Case

Benjamin C. Block, Skye L. Perryman, Covington & Burling LLP, Washington, DC, for Plaintiff.

Andrew E. Clark, U.S. Department of Justice, Washington, DC, for Defendants.

OPINION & ORDER (AMENDED)

[Resolving Doc. Nos. 36; 40]

JAMES S. GWIN,1 District Judge.

Plaintiff ISTA Pharmaceuticals, Inc., brings this action against the Defendants, the Food and Drug Administration, the Commissioner of Food and Drugs, Margaret A. Hamburg, and the Secretary of Health and Human Services, Kathleen Sebelius (collectively, "FDA"). Plaintiff ISTA alleges that the FDA unlawfully approved a generic version...

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