Legal Opinion
Kos Pharmaceuticals, Inc. v. Barr Laboratories, Inc.
District Court, S.D. New York
Decided January 21, 2003No. 02 CV 1683PublishedCited by 2 opinions
1Opinion of the Court
DECISION AND ORDER
MARRERO, District Judge.
Plaintiff Kos Pharmaceuticals, Inc. (“Kos”) filed two actions against defendant Barr Laboratories, Inc. (“Barr”), the first on March 4, 2002 and the second on August 13, 2002, alleging Barr’s infringement of Kos’s separate patents for certain related drug products. This Court consolidated both actions into one (the “Complaint”) by an Order dated September 23, 2002. Prior to the consolidation, Barr filed two nearly identical sets of counterclaims in opposition to each action and Kos filed two nearly identical motions, pursuant to Fed. R.Civ.P.…
2Cases cited11 opinions
- Arrowhead Industrial Water, Inc. v. Ecolochem, Inc.Court of Appeals for the Federal Circuit · 1988
- Bp Chemicals Limited v. Union Carbide CorporationCourt of Appeals for the Federal Circuit · 1993
- EMC Corp. v. Norand Corp.Court of Appeals for the Federal Circuit · 1996
- Niagara Mohawk Power Corp. v. Tonawanda Band of Seneca IndiansCourt of Appeals for the Second Circuit · 1996
- The Goodyear Tire & Rubber Company v. Releasomers, Inc.Court of Appeals for the Federal Circuit · 1987
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3Cited by2 opinions
- Kos Pharmaceuticals, Inc. v. Barr Laboratories, Inc.District Court, S.D. New York · 2003
- Teva Pharmaceuticals USA, Inc. v. Abbott LaboratoriesDistrict Court, N.D. Illinois · 2004