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TEVA PHARMACEUTICALS USA, INC. v. AZAR

Civil Action No. 18-2394 (RDM).

369 F.Supp.3d 183 (2019)

TEVA PHARMACEUTICALS USA, INC., Plaintiff, v. Alex M. AZAR, II et al., Defendants.

United States District Court, District of Columbia.

Signed February 26, 2019.

Editors Note
Applicable Law: 05 U.S.C. § 702
Cause: 05 U.S.C. § 702 Administrative Procedure Act
Nature of Suit: 899 Administrative Procedure Act / Review or Appeal of Agency Decision
Source: PACER

Attorney(s) appearing for the Case

Michael D. Shumsky, Jennifer McVey Thomas, Kurt R. Karst, Hyman, Phelps & McNamara, P.C., Thomas J. Tobin, Kirkland & Ellis LLP, Washington, DC, for Plaintiff.

Charles John Biro, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

Plaintiff Teva Pharmaceuticals USA, Inc. ("Teva") brings this action to obtain "immediate injunctive and declaratory relief" barring the Food and Drug Administration ("FDA") from "depriving [Teva] of its statutory right to 180 days of marketing exclusivity...

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