United States District Court, S.D. New York
August 9, 2004.
ASTRA AKTIEBOLAG, et al., Plaintiffs,
CHEMINOR DRUGS, LTD., et al., Defendants. In re OMEPRAZOLE PATENT LITIGATION.
The opinion of the court was delivered by: BARBARA JONES, District Judge
Cheminor moves for leave to file its Bill of Costs out of time.
As is more fully explained in the Opinion regarding Astra's
motion for leave to file its Bill of Costs, Astra, and not
Cheminor, is the prevailing party. Thus, giving Cheminor leave to
file its Bill of Costs would be futile because it is not entitled
to tax its costs.
Accordingly, Cheminor's motion is DENIED.
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