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AKTIEBOLAG v. CHEMINOR DRUGS

United States District Court, S.D. New York


August 9, 2004.

ASTRA AKTIEBOLAG, et al., Plaintiffs,
v.
CHEMINOR DRUGS, LTD., et al., Defendants. In re OMEPRAZOLE PATENT LITIGATION.

The opinion of the court was delivered by: BARBARA JONES, District Judge

Opinion

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.

 

SO ORDERED:
20040809

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