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Kos Pharmaceuticals, Inc.

Pharmaceutical company consolidates patent infringement suits

Published in Lab Law Weekly, November 26th, 2004

Kos Pharmaceuticals announced that the fifth pending patent infringement lawsuit against Barr Laboratories filed Sept. 3, 2004, has been consolidated with the four previously consolidated lawsuits.

As a result of the consolidation, the Southern District Court of New York has issued the following new scheduling order: fact discovery to be completed in December 2004; expert discovery to be completed in April 2005; the Markman Hearing to occur in August 2005; the deadline for filing summary judgment motions in October 2005; and the trial encompassing all five lawsuits in February 2006.

Barr filed the fifth lawsuit seeking a judgment of invalidity of...

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