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BAYER HEALTHCARE, LLC v. U.S. FOOD AND DRUG ADMIN.

Civil Action No. 13-487(RMC).

942 F.Supp.2d 17 (2013)

BAYER HEALTHCARE, LLC, Plaintiff, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, District of Columbia.

April 17, 2013.

Attorney(s) appearing for the Case

Bruce Roger Genderson, Stanley Edward Fisher, Aaron Philip Maurer, David Isaac Berl, Williams & Connolly LLP, Washington, DC, for Plaintiff.

Gerald Cooper Kell, Andrew E. Clark, U.S. Department Of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

Bayer HealthCare, LLC patented a highly-successful drug and method for treating bovine respiratory disease named Baytril® 100. While Baytril can be administered over three days, its real advantage is that it can also be administered in a single injection to cure the animal. In 2006, Bayer submitted a Citizen Petition to the Food and Drug Administration...

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