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King Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


March 8, 2006

KING PHARMACEUTICALS, INC.; KING PHARMACEUTICALS RESEARCH AND DEVELOPMENT, INC.;AND WYETH PLAINTIFFS,
v.
TEVA PHARMACEUTICALS USA, INC. DEFENDANT.

The opinion of the court was delivered by: Joel A. Pisano, U.S.D.J.

AMENDED ORDER*fn1

For the reasons expressed in the accompanying opinion dated January 20, 2006, IT IS ON this 8th day of March 2006, ORDERED that Defendant's Motion to Dismiss is DENIED; and it is further ORDERED that, because the Court concludes that this Order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from this Order may materially advance the ultimate termination of the litigation, this Order be and hereby is certified to meet the requirements of 28 U.S.C. § 1292(b); and it is further

ORDERED that, in the interests of judicial economy and conserving the resources of the parties, the Court imposes a stay of the proceedings before this Court as to all parties pending resolution of any application to the Court of Appeals for leave to file an appeal and until such time as further order of this Court is issued.

Accordingly, this case is administratively terminated. SO ORDERED.


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