Teva Pharmaceuticals USA, Inc. v. Sebelius

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) TEVA PHARMACEUTICALS USA, ) INC., ) ) Plaintiff, ) ) v. ) Civil Action No. 09-1111 (RMC) ) KATHLEEN SEBELIUS, Secretary of ) Health and Human Services, et al., ) ) Defendants. ) ) MEMORANDUM OPINION Teva Pharmaceuticals USA, Inc. (“Teva”), a manufacturer of generic drugs, seeks a preliminary injunction to invalidate a “Delisting Rule” instituted by the Food and Drug Administration (“FDA”). The FDA contends that there is no such “Delisting Rule.” Instead, in informal adjudications regarding other drugs, the FDA has held that a name…