MEMORANDUM OPINION
SUE L. ROBINSON, District Judge.
I. INTRODUCTION
On January 28, 2013, plaintiffs Auxilium Pharmaceuticals, Inc. ("Auxilium") and FCB I, LLC ("FBI") (collectively, "plaintiffs") filed this infringement action against defendant Upsher-Smith Laboratories, Inc. ("defendant") alleging infringement of U.S. Patent Nos. 7,320,968 ("the `968 patent"); 7,608,605 ("the `605 patent"); 7,608,606 ("the `606 patent"); 7,608,607 ("the `607 patent...
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