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Apotex, Inc. v. Cephalon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


February 23, 2010

APOTEX, INC., PLAINTIFF,
v.
CEPHALON, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Mitchell S. Goldberg, J.

ORDER

AND NOW, this 23rd day of February, 2010, upon consideration of Defendant, Cephalon, Inc.'s, Motion to Dismiss (doc. nos. 157 & 197), Plaintiff's response in opposition, and for the reasons stated in the accompanying Memorandum, it is ORDERED that Defendant's Motion as to Counts III - V of Plaintiff's Second Amended Complaint is DENIED. Cephalon shall file an Answer to Counts I - V of Plaintiff's Second Amended Complaint on or before March 8, 2010.

20100223

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