Docket No. 9297
In the Matter of Schering-Plough Corporation, Upsher-Smith Laboratories, and American Home Products Corporation.

December 18, 2003

• Final Order [PDF 22K]
• Opinion of the Commission by Commissioner Thomas B. Leary [PDF 217K]
• News Release

February 13, 2003

• Complaint Counsel’s Opposition to Upsher’s Memorandum on the Commission’s Generic Drug Study [PDF 21KB]

January 27, 2003

• Upsher-Smith’s Memorandum Addressing Complaint Counsel’s Citations to the July 2002 FTC Study

January 6, 2003

• Order Granting Motion for Leave to File Reply Memorandum; Denying Motion to Strike Reliance on FTC Study; and Permitting Each Party to File a Brief Addressing Cited Facts Contained Therein [PDF 8KB]

December 16, 2002

• Upsher-Smith's Motion For Leave To File A Reply Regarding Motion To Strike Complaint Counsel's Reliance On the July 2002 FTC Study [PDF 9KB]

• Upsher-Smith’s Reply Memorandum In Support Of Its Motion To Strike Complaint Counsel’s Reliance On The July 2002 FTC Study[PDF 18KB]

December 9, 2002

• Complaint Counsel's Opposition To Upsher's Motion To Strike Reliance On The Commission's Generic Drug Study [PDF 157KB]

November 26, 2002

• Commission Order Granting Complaint Counsel's Motion For An Extension Of Time For Filing A Response To Upsher-Smith's Motion To Strike [PDF 20KB]

November 25, 2002

• Complaint Counsel’s Motion For An Extension Of Time For Filing A Response To Upsher-Smith’s Motion To Strike Complaint Counsel’s Reliance On The July 2002 FTC Study [PDF 7KB]

November 21, 2002

• Upsher-Smith’s Motion To Strike Complaint Counsel’s Reliance On The July 2002 FTC Study [PDF 28KB]

November 13, 2002

• Notice Rescheduling Oral Argument [PDF 39KB]
   

October 29, 2002

• Commission Notice Scheduling Oral Argument for Monday, January 6, 2003 [PDF 30KB]

October 22, 2002

• Reply Brief of Counsel Supporting the Complaint [Text Version PDF 140KB] [Print Version PDF 1MB]

October 3, 2002

• Answering Brief of Upsher-Smith Laboratories, Inc. [PDF 590KB]

September 30, 2002

• Answering Brief of Respondent Schering-Plough Corporation [PDF 249KB]
  
• Motion of Washington Legal Foundation for Leave to File Brief as Amicus Curiae [PDF 1.5M]

September 27, 2002

• Order Re GPHA's Motion for Leave To File Amicus Curiae Brief [PDF 60K]

• Order Re Upsher-Smith's Motion To Strike Demonstrative Exhibits that Are Not in the Record and Motion For Leave To File Reply [PDF 165K]

September 20, 2002

• Modified Order Denying Respondents' Motion to Dismiss the Appeal and Granting Respondents' Motion for Leave to File Reply Memorandum [PDF 678KB]

September 4, 2002

• Order Granting NACD's Motion for Leave to File Brief as Amicus Curiae [PDF 127KB]

August 30, 2002

• Schering and Upsher-Smith's Response to NACDS's Motion for Leave to File Reply Memorandum [PDF 164KB]

August 29, 2002

• Complaint Counsel's Answer to Respondents' Opposition to NACDS's Amicus Brief [PDF 12KB]

August 28, 2002

• Upsher-Smith's Motion For Leave To File Reply Memorandum In Support Of Its Motion To Strike; and Upsher-Smith's Reply Memorandum In Support Of Its Motion To Strike [PDF 779KB]
   
• Response of Amicus Curiae National Association of Chain Drug Stores to Respondents’ Opposition to Motion For Leave to File Amicus Brief [PDF 14KB]

• Motion For Leave to File Response of Amicus Curiae National Association of Chain Drug Stores to Respondents’ Opposition to Motion For Leave to File Amicus Brief [PDF 11KB]

August 26, 2002

• Respondents' Motion For Leave To File Reply Memorandum In Support Of Their Motion To Dismiss; and   Respondents' Memorandum In Support Of Their Motion To Dismiss [PDF 684KB]

• Brief of Amicus Curiae National Association of Chain Drug Stores [PDF 69K]

• Motion of National Association of Chain Drug Stores for Leave to File Brief as Amicus Curiae
  [PDF 11K]

August 22, 2002

• Respondents' Opposition to NACDS’S Motion for Leave to File an Untimely Amicus Brief
  [PDF 16K]

August 19, 2002

• Notice of Appearance Before the Before the Federal Trade Commission [PDF 7K]

August 14, 2002

• Upsher-Smith's Motion to Strike Complaint Counsel's Demonstrative Exhibits that are not in the Record [PDF 1049K]

August 13, 2002

• Respondents' Motion to Dismiss the Appeal [PDF 370K]

• Respondent's Joint Response To Complaint Counsel's Motion For Leave To File Index [PDF 101KB]

August 9, 2002

• Appeal Brief of Counsel Supporting the Complaint [Public Version] (Print Version) [PDF 6.3MB] (Text Version) [PDF 220KB]
• News Release

August 6, 2002

• Complaint Counsel’s Motion for Leave to File Index Relating Initial Decision Findings of Fact to Complaint Counsel’s Reply Findings [PDF 19K]

July 25, 2002

• Order Granting - In Part Complaint Counsels' Motion for Leave to File an Appeal Brief Exceeding the Word Limit in the Commission's Rules of Practice
  [PDF 91KB]

July 22, 2002

• Upsher-Smith's Opposition to Complaint Counsel's Motion for Leave to File an Overlong Brief
  [PDF 32KB]
• Schering-Plough Corporation's Response to Complaint Counsel's Motion for Leave to File an Appeal Brief Exceeding the Word Limit in the Commission's Rules of Practice [PDF 19K]

July 15, 2002

• Complaint Counsel's Motion for Leave to File an Appeal Brief Exceeding the Word Limit in the Commission's Rules of Practice    [PDF 198KB]

July 9, 2002

• CSC Notice of Appeal (Revised)     [PDF 20KB]

July 8, 2002

• CSC Notice of Appeal From the Initial Decision in the Matter of Schering-Plough Corporation, et al.    [PDF 21KB]

July 2, 2002

• Initial Decision (Public Record Version) by Administrative Law Judge D. Michael Chappell
  • Part I [PDF 208KB]
  • Part II [PDF 104KB]
• News Release

June 27, 2002

• Initial Decision Filed in the Matter of Schering-Plough Corporation, ET AL.   [PDF 88KB]

June 27, 2002

• Letter [PDF 39KB

June 3, 2002

• Order on Filing of Initial Decision [PDF 93K]
• News Release

May 14, 2002

• Complaint Counsel's Reply to Schering-Plough's Proposed Findings of Fact Relating to the Settlement with Upsher-Smith (Volumes I and II)   [PDF 5.44MB]
• Complaint Counsel's Reply to Schering-Plough's Proposed Findings of Fact Relating to the Settlement with ESI-Lenderle  [PDF 993KB]
• Complaint Counsel's Reply Brief    [PDF 1.5MB]
• Complaint Counsel's Reply to Schering -Plough's Proposed Findings Relating to the Underlying Patent Cases    [PDF 2MB]
• Complaint Counsel's Reply to Schering-Plough's Proposed Economic and Policy Findings   [PDF 4.1MB]

May 13, 2002

• Complaint Counsel's Index to Witnesses and Index to Exhibits   [PDF 1MB]
• Complaint Counsel's Brief in Support of Proposed Findings of Fact and Conclusions of Law   [PDF 1.9MB]

May 9, 2002

• Upsher-Smith's Revised unopposed motion for in Camera Treatment of Portions of Investigational Hearing Transcript [PDF 108KB]

May 7, 2002

• Order on Upsher-Smith's Motion for in Camera Treatment. [PDF 26KB]

May 3, 2002

• Upsher-Smiths Memorandum in Support of its unopposed motion for in camera treatment of certain trail exhibits [PDF 90KB]

April 19, 2002

• Order granting respondent schering-plough corporation's unopposed motion for leave to file corrected versions of proposed findings of fact and briefs in support of proposed findings. [PDF 15KB]

April 1, 2002

• Order Shortening Time for Responses. [PDF 11KB]

March 29, 2002

• Motion of Wyeth for Indefinite In Camer Treatment for Portions of The Dey Investigational Hearing Transcript and Professor Bresnahan's Report [PDF 205KB]

March 28, 2002

• Order Closing the Record and on Post Trial Briefs [PDF 13KB]

March 25, 2002

• Upsher-Smith’s Reply Memorandum in Support of Its Motion to Dismiss Due to Complaint Counsel’s Failure to Establish a Prima Facie Case [PDF 60KB]

March 22, 2002

• ALJ Order granting respondent Schering-Plough Corporation's Unopposed motion for Leave to file "Attachment A" to corrected versions of post trail briefs. [PDF 11KB]

March 21, 2002

• Joint Motion for Proposed Schedule [PDF 29KB]

March 20, 2002

• Upsher-Smiths Revised Unopposed Motion for In Camera Treatment of Legal Documents Under Seal [PDF 86KB]

March 19, 2002

• Upsher-Smith's Unopposed Motion for In Camera Treatment of Legal Document Under Seal [PDF 83KB]

March 14, 2002

• Order on Upsher-Smith's Motion for In Camera Treatment of Legal Documents Filed Under Seal [PDF 25KB]
• Order Granting Joint Motion Foe Extension of Time [PDF 24KB]

March 13, 2002

• Complaint Counsel’s Opposition to Upsher-Smith’s Motion to Exclude Rebuttal Witnesses [PDF 29KB]

March 12, 2002

• CC's Oppostition to Upsher-Smith's Motion FOr Leave To filr Reply Memo in Support of Motion to Dismiss [PDF 18KB]
• Upsher-Smith’s Opposition to Motion to Add Rebuttal Witnesses [PDF 29KB]

March 11, 2002

• Joinder of Respondent Schering-plough Corporation in Upsher-Smith’s Motion to Dismiss Due to Complaint Counsel’s Failure to Establish a Prima Facie Case [PDF 10KB]

March 8, 2002

• Complaint Counsel’s Motion for Leave to Call William Groth as a Rebuttal Witness [PDF 14KB]
• Upsher-Smith’s Motion to Exclude Improper Rebuttal Witnesses [PDF 34KB]

March 4, 2002

• Complaint Counsel's Opposition to Upsher-Smith's Motion to Dismiss [PDF 517KB]

February 15, 2002

• Respondent Upsher-Smith's Motion to Dismiss Due to Complaint Counsel's Failure to Establish a Prima Facie Case [PDF 811KB]

February 14, 2002

• Motion of American Home Products Corporation for Indefinite In Camera Treatment [PDF 418KB]

February 12, 2002

• Order on KOS Pharmaceuticals, Inc.'s Motion for In Camera Treatment [PDF 36KB]
• Order Denying Motion of American Home Products Corporation to Stay Order, For Certification For Interlocutory Appeal and Application for Full Commission Review [PDF 235KB]
• Order Granting Bristol-Myers Squibb Company's Motion for In Camera Treatment [PDF 35KB]
• Order Granting Motion For In Camera Treatment of Schering-Plough Corporation [PDF 26KB]

February 9, 2002

• Agreement Containing Consent Order  [PDF 329KB]

February 8, 2002

• Order on Motion of America Home Products Corp. for in Camera Treatment [PDF 49KB]
• Complaint Counsel's Opposition to AHP's Motion for Indefinite in Camera Treatment [PDF 37KB]
• Non-Party KOS Pharmaceuticals, Inc.'s Motion for in Camera Treatment of Certain Confidential Documents [PDF 275KB]

February 6, 2002

• Respondent Schering-Plough Corporation's Opposition to Complaint Counsels Motion to Preclude Certain Testimony of Respondents' Lawyer Witnesses [PDF 110KB]

February 5, 2002

• Complaint Counsel's Motion and Memo in Support of Motion to Preclude Certain Testimony of Respondents' Lawyer Witnesses [PDF 941KB]
• Order on KV's Motion For In Camera Treatment of Documents Listed on Parties' Exhibit Lists [PDF 30KB]

February 1, 2002

• Order Granting KOS Pharmaceuticals, Inc.'s Motion for Extension of Time [PDF 10KB]
• Order Granting KV Pharmaceutical Company and Schering-Plough Corporation's Joint Motion for Extension of Time [PDF 12KB]

January 31, 2002

• KOS Pharmaceuticals, Inc.'s Motion for Extension of Time to Re-File Motions for In Camera Treatment [PDF 36KB]
• Respondent Schering-Plough Corporation's motion for in Camera Treatment of Documents Relating to License Agreement with ICN Pharmaceuticals, Inc. [PDF 154KB]

January 29, 2002

• Order Granting Upsher-Smith's Motions for in Camera Treatment [PDF 50KB]

January 28, 2002

• Order Granting Respondent Schering-Plough Corporation's Motions for In Camera Treatment of Trial Exhibits [PDF 115KB]

January 25, 2002

• Schering-Plough Corporation, Order on Bristol-Myers Squibb Company's Unopposed Motion for In Camera Treatment [PDF 17KB]
• Schering-Plough Corporation, Emergency Motion for Leave to Allow Complaint Counsel to Depose Mike Valazza [PDF 44KB]
• Schering-Plough Corporation, Motion for Leave to File a Reply to Complaint Counsels' Opposition to AHP's Emergency Motion to Stay Order, for Certification for Interlocutory Appeal and Application for Full Commission Review [PDF 468KB]

January 24, 2002

• Schering-Plough Corporation, Order on Motions for In Camera Treatment of Documents Listed on Parties' Exhibit Lists [PDF 134KB]
• Schering-Plough Corporation, Upsher-Smith's Consent Motion for In Camera Treatment of Confidential Legal Memorandum [PDF 87KB]

January 23, 2002

• Schering-Plough Corporation, Complaint counsel's Trial Brief [PDF 1.2MB]
• Schering-Plough Corporation, Complaint Counsel's Opposition and Response to the Emergency Motion of American Home Products Corporatin to Stay Order, For Certification fo Interlocutory Appeal and Application for Full Commission Review [PDF 186KB]
• Respondents' Motion to Strike the Supplemental Expert Report of Professor Max H. Bazerman, and Related Testimony, and Accompanying Memorandum of Law [PDF 468KB]

January 22, 2002

• Schering-Plough Corporation, Complaint Counsel's Opposition to Respondents' Joint Motion to Exclude the Expert Testimony of Dr. Nelson L. Levy [PDF 3.7MB]
• Schering-Plough Corporation, Order Denying Complaint Counsel's Motion on Interviews of IPC Employees [PDF 33KB]
• Schering-Plough Corporation, Order on Complaint Counsel's Motion to Compel Schering-Plough to Produce Documents [PDF 10KB]
• Schering-Plough Corporation, Order Conditionally Granting Complaint Counsel's Motion to for Leave to Take Depositions of Witnesses on Schering-Plough's Final Witness List [PDF 30KB]
• Schering-Plough Corporation, Complaint Counsel's Response to Respondents' Joint Motion to Limit The Testimony of Max H. Bazerman [PDF 361KB]
• Schering-Plough Corporation, Complaint Counsel's Response to Respondents' Motion Concerning the Use of Transcript Excerpts [PDF 449KB]
• Schering-Plough Corporation, Bristol-Myers Squibb Company's Unopposed Motion to Obtain in Camera Treatment of certain Highly Confidential Information [PDF 507KB]
• Schering-Plough Corporation, Complaint Counsel's Opposition to Respondents' Moint Motion to Exclude Certain Testimony of Timothy F. Bresnahan [PDF 1MB]
• Schering-Plough Corporation, Complaint Counsel's Opposition to Schering's Motion in Limine to Exclude Testimony of Umesh v. Banakar and Martin J. Adelman [PDF 959KB]
• Complaint Counsel's Opposition to Schering-Plough Corporation's Motion to Limit the Rebuttal Expert Testimony of Dr. Bertram Pitt Regarding Conversations with FDA Officials [PDF 157KB]
• Schering-Plough Corporation, Memorandum in Opposition to Upsher-Smith's Motion to Bar Complaint Counsel from Asseting that Schering-Plough made "A $60 Million Non-Contingent Payment" [PDF 307KB]
• Schering-Plough Corporation, Emergency Motion of American Products Corporation to Staty Order, for Certification for Interlocutory Appeal and Application for Full Commission Review [PDF 3.48MB]
• Schering-Plough Corporation, Upsher-Smith's Opposition to Non-Party KV Pharmaceutical's Motion to Enforce Protective Order [PDF 37KB]
• Schering-Plough Corporation, Order Denying Complaint Counsel's Motion to Compel Responses to Interrogatories and Admissions from Upsher-Smith [PDF 22KB]
• Schering-Plough Corporation, Order Denying Complaint Counsel's Motion to Strike Witnesses from Upsher-Smith's Final Witness List [PDF 13KB]

January 18, 2002

• Order on American Home Products Corporation's Motion to Stay Order, for Certification for Interlocutory Appeal and Application for Full Commission Review [PDF 27KB]
• Order Granting Motion of Bristol Myers-Squibb for Extension of Time in which to file Motion for in Camera Treatment of Proposed Trial Exhibits [PDF 10KB]

January 17, 2002

• Order on Applications for Issuance of Subpoenas [PDF 13KB]
• Respondent Schering-Plough Corporation's Leave to File Reply in Response to Emergency Motion Regarding Presentation of and Objections to Trial Exhibits [PDF 52KB]
• Respondent Schering-Plough Corporation's opposition to Complaint Counsel's Motion to Limit or Exclude Expert Witness Testimony [PDF 492KB]

January 16, 2002

• Upsher-Smith's Motion for Leave to File Upsher-Smith's Reply Memorandum in Support of Its Motion in Limine to Bar Complaint Counsel's Proposed Use of Transcript Excerpts [PDF 163KB]
• Respondent Schering-Plough Corporation's Supplemental Responses to Complaint Counsel's Revised Second Request for Admissions [PDF 134KB]
• Schering-Plough Corporation, Motion in Limine to exclude Testimony of Umesh v. Banakar and Martin J. Adelman [PDF 248KB]
• Schering-Plough Corporation, Complaint Counsel's Response to Respondents' emergency motion regarding presentation of and objections to trial exhibits [PDF 557KB]
• Schering-Plough Corporation's proposed Stipulation numbered 95, which states "In July 2001, American Home Products announced its intention to exit the oral generics business." [PDF 18KB]
• Schering-Plough Corporation, Respondents' motion for leave to file joint reply in support of motion in Limine to limit the Testimony of Professor Bazerman [PDF 58KB]
• Schering-Plough Corporation: Respondent's motion for leave to file joint reply in support of motion in Limine to exclude certain testimony of Timothy Bresnahan [PDF 98KB]
• Schering-Plough Corporation: Non-Party KV Pharmaceutical Company's Motion to enforce Protective Order [PDF 62KB]
• Schering-Plough Corporation, Upsher-Smith Laboratories: Notice of Appearance: Diane E. Bieri [PDF 30KB]
• Schering-Plough Corp., Upsher-Smith Laboratories, Inc., American Home Products Corporation: Public version of Upsher-Smith's Trial Brief and copy of the Protective Order [PDF 321KB]

January 15, 2002

• Schering-Plough Corporation, Order denying American Home Products Corporation's Motion for Protective Order and to Compel Return of Materials [PDF 150KB]
• Schering-Plough Corporation: Motion of Bristol Myers-Squibb for extension of time in which to file motion for in Camera Treatment of proposed Trial Exhibits [PDF 55KB]
• Schering-Plough Corporation: Motion of Merk-Medco Managed Care, L.L.C. for in Camera Treatment of Document Designated as a Trial Exhibit [PDF 378KB]

January 14, 2002

• Schering-Plough Corporation, Order on Final Prehearing Conference [PDF 9KB]
• Schering-Plough Corporation, Order on Applications for Issuance of Subpoenas [PDF 16KB]
• Schering-Plough Corporation, Order Granting Motion for Extension of Time [PDF 13KB]
• Schering-Plough Corporation: Upsher-Smith's Joinder in Schering's Emergency Motion regarding Presentation of and Objections to Trial Exhibits - Public [PDF 40KB]
• Schering-Plough Corporation: Withdrawal of Complaint Counsel's emergency motion to Compel Respondent Schering-Plough corporation to produce documents  [PDF 26KB]
• Schering-Plough Corporation: Non-Party Andrx Corporation's memorandum in opposition of Respondent Upsher-Smith's Motion to compel Complaint Counsel to produce prior Testimony of Lawence Rosenthal [PDF 401KB]
• Upsher-Smith's Third Motion for the issuance of Subpoenas AD Testificandum [PDF 88KB]

January 11, 2002

• Upsher-Smith's opposition to complaint counsel's motion in Limine to limit "Cumulative" Expert Testimony [PDF 502KB]
• Upsher-Smith's second motion for the issuance of Subpoenas AD Testificandum [PDF 64KB]
• Respondent Schering-Plough Corporation's emergency motion and incorporated memorandum regarding presentation of and objections to trial exhibits [PDF 156KB]
• American Home Products Corporation's Motion for in Camera Treatment of Portions of a certain Strategic Planning Document [PDF 161KB]

January 10, 2002

• Upsher - Smith's opposition to complaint counsel's motion in Limine to exclude expert testimony of Robert Pollock [PDF 153KB]
• Memorandum in support of complaint counsel's motion to limit or exclude duplicative and improper expert witnesss testimony [PDF 315KB]

January 9, 2002

• Notice of Appearance re: Schering-Plough/Upsher Smith [PDF 11KB]
• Schering-Plough Corporation's emergency unopposed motion for an extension of time to respond to complaint counsel's motion to limit or exclude duplicative and improper expert witness testimony [PDF 45KB]

January 8, 2002

• Order granting motions for extensions of time re: Schering-Plough Corporation, Upsher-Smith Laboratories and American Home Products Corporation [PDF 24KB]
• Upsher-Smith's response to complaint counsel's motion to compel responses to interrogatories and admissions [PDF 356KB]

January 7, 2002

• Respondent Schering-Plough Corporation's emergency motion and incorporated memorandum regarding presentation of deposition testimony at hearing. Public Version [PDF 95KB]
• Upsher-Smith's response to Complaint Counsel's motion for an extension of time in which to oppose motions in Limine [PDF 79KB]

January 4, 2002

• Order Shortening Times for responses re: Schering-Plough Corporation, Upsher-Smith Laboratories and American Home Products Corporation [PDF 967KB]
• Corporation Counsel;s Notice of Appearance, Peter J. Carney and Jaime M. Crowe of White & Case, LLP [PDF 38KB]
• Respondent's joint motion to exclude the expert testimony of Dr. Nelson L. Levy [PDF 3.2MB]
• Respondent's joint motion to limit the testimony of Max H. Bazerman [PDF 334KB]
• Non-Party Andrx Corporation's supplemental application for in camera protection of certain of its confidential materials [PDF 245KB]
• Respondent Schering-Plough Corporation's motion for an extension of time to file its previously served motion in limine to exclude the testimony of Umesh V. Banakar and martin J. Adelman [PDF 48KB]
• Upsher-Smith's motion to bar complaint counsel from asserting that Schering-Plough made "a $60 Million Noncontingent Payment" [PDF 73KB]
• Complaint Counsel's motion for extension of time to answer respondents Schering-Plough's and Upsher-Smith's motion in Limine [PDF 39KB]
• Upsher-Smith's Motion to compel Complaint Counsel to produce prior testimony of Lawrence Rosenthal [PDF 65KB]
• Upsher-Smith's Motion in Limine to bar Complaint Counsel's proposed use of transcript excerpts [PDF 241KB]
• Corporation Counsel's Notice of Appearance, Peter J. Carney and Jaime M. Crowe of White & Case, LLP [PDF 38KB]
• Respondents' joint motion in Limine to exclude certain testimony of Timothy F. Bresnaham [PDF 303KB]

January 2, 2002

• Motion of Merk-Medco Managed Care, L.L.C. for extension of time in which to file motion for in camera treatment of proposed trrial exhibits [PDF 52KB]
• Complaint Counsel's motion to compel responses to interrogatories and admissions from respondent Upsher-Smith Corporation [PDF 1.9MB]

December 27, 2001

• Complaint Counsel's motion to compel compliance with Complaint Counsel's frist request for production documents and things [PDF 1MB]
• Respondent Schering-Plough Corporation's motion for in camera treatment of certain documents [PDF 208KB]
• Non-Party Andrx Corporation's application for in camera protection of certain of its confidential materials [PDF 69KB]
• Respondent Schering-Plough Corporation's motion for in camera treatment of complaint counsel's designated exhibits relating to Schering's agreements with third parties [PDF 162KB]
• Respondent Schering-Plough corporation's motion for in camera treatment of confidential documents relating to products that are currently in development [PDF 311KB]

December 26, 2001

• Upsher-Smith’s Opposition to Complaint Counsel’s  "emergency" Motion Regarding IPC [PDF 29KB]
• Schering-Plough Corporation’s Opposition to Complaint Counsel's Motion for Official Notice [PDF 18KB]

December 21, 2001

• Kos Pharmaceuticals, Inc.'s Motion for Protective Order or in the Alternative for in Camera Inspection of Documents Pursuant to 16 C.F.R. §4.10(g)(3) [PDF 14KB]
• Complaint Counsel’s Motion for Leave to Take Depositions of Witnesses on Schering-Plough’s Final Witness List (Public Record) [PDF 18KB]

December 20, 2001

• Upsher-Ssmith’s Opposition to Complaint Counsel’s Cross-motion To Limit Expert Testimony on FDA Approval of Niacor SR [PDF 19KB]
• Schering-Plough Corporation’s Response to Complaint Counsel’s Cross-motion in Limine to Exclude Expert Testimony on Fda Approval of Niacor-SR [PDF 10KB]

December 19, 2001

• Complaint Counsel’s Motion to Strike Portions of Upsher-Smith’s Final Witness List [PDF 19KB]

December 18, 2001

• Plaintiff’s Amended Exhibit List [PDF 114KB]

December 14, 2001

• Plaintiff’s Exhibit List [PDF 116KB]
• Complaint Counsel’s Motion for Official Notice [PDF 26KB]

December 10, 2001

• (1) Memorandum in Opposition to Upsher’s Motion to Strike Complaint Counsel’s Rebuttal Witness Dr. Bertram Pitt And (2) Complaint Counsel’s Cross Motion in Limine to Exclude Expert Testimony on Fda Approval of Niacor-SR [PDF 20KB]

December 3, 2001

• Complaint Counsel's Opposition to Respondent Schering-Plough Corporation's Motion to Compel Supplementary Interrogatory Responses On Patent Issues [PDF 26KB]
• Complaint Counsel's Opposition  to Respondent Schering-Plough Corporation's Motion to Compel Complaint Counsel to Supplement its Responses to Requests fo Discovery [PDF 35KB]

November 30, 2001

• Schering-Plough Corporations Motion for Leave to File a Reply Brief and Reply Memorandum in Support of Motion for Protective Order and Reply Memorandum in Support of its Motion to Compel [PDF 16KB]

November 27, 2001

• Motion For Leave To File Response To AHP's Reply In Support Of Motion For Protective Order [PDF 11KB]

November 20, 2001

• ALJ Order Granting Schering-Plough Corporation's Motion for Leave to Submit One Additional Expert Report [PDF 31KB]

November 14, 2001

• Respondent Schering-Plough Corporation's Objections and Responses to Complaint Counsel's Revised Second Request for Admissions [PDF 13KB]
• Stipulation [PDF 12KB]
• Upsher-Smith's Objections and Responses to Complaint Counsel's Revised Third Requests for Admissions [PDF 480KB]

November 13, 2001

• Order Denying Schering-Plough Corporation's Motion for a Protective Order [PDF 16KB]
• Stipulation [PDF 16KB]
• Joint Stipulation [PDF 15KB]
• Supplement and Correction to Motion of Respondent Schering-Plough Corporation for Leave to Submit One Additional Expert Report [PDF 15KB]

November 9, 2001

• Stipulation [PDF 7KB]

November 8, 2001

• Motion of Respondent Schering-Plough Corporation for Leave to Submit One Additional Expert Report [PDF 15KB]

November 7, 2001

• Respondent' Motion for Leave to File Reply to Complaint Counsel's Opposition to Motion for Protective Order [PDF 19KB]
• Respondent American Home Products Corporation’s Motion for Leave to File a Reply to Complaint Counsel’s Opposition to AHP’s Motion to Quash Two Subpeonas Ad Testificandum Served on AHP After AHP’s Withdrawal From Adjudication and, in the Alternative, for Protective Order [PDF 78KB]
• Reply Memorandum in Support of American Home Products Corporation’s Motion to Quash Two Subpoenas Ad Testificandum Served on AHP after AHP’s Withdrawal from Adjudication And, in the Alternative, for Protective Order [PDF 14KB]

November 2, 2001

• Order on Motions of Schering-Plough and Upsher-Smith for a Protective Order [PDF 62KB]
• Complaint Counsel’s Opposition to AHP’s Motion to Quash Two Subpoenas Ad Testificandum Served on AHP [PDF 27KB]

October 30, 2001

• Motion for Leave to File Reply to Complaint Counsel's Opposition to Motion for Protective Order [PDF 9.8KB]
• Reply Memorandum in Support of Motion for Protective Order [PDF 14KB]

October 26, 2001

• Schering-Plough Corporation's Motion for a Protective Order [PDF 23KB]

October 25, 2001

• Complaint Counsel's Opposition To Respondents' Joint Motion For Protective Order [PDF 23KB]
• Notice of Apperance [PDF 8KB]
• Stipulation [PDF 10KB]

October 23, 2001

• Complaint Counsel’s Opposition to AHP’s Motion for Protective Order [PDF 76.3KB]
• Memorandum in Support of American Home Products Corporation's Motion to Quash two Subpoenas Ad Testificandum Served on AHP After AHP's Withdrawal from Adjudication and, in the Alternative, for Protective Order [PDF 29K]
• American Home Products Corporation's Motion to Quash two Subpoenas Ad Testificandum Served on AHP After AHP's Withdrawal from Adjudication and, in the Alternative, for Protective Order [PDF 9K]

October 19, 2001

• Response of Complaint Counsel to Motions by Schering And Upsher-smith For Stay Pending The Court’s Ruling on Respondents’ Joint Motion for a Protective Order [PDF 8K]

October 12, 2001

• Stipulation [PDF 7K]
• Complaint Counsel’s Reply Brief in Support of the Joint Motion to Withdraw Respondent American Home Products Corporation from Adjudication [PDF 56K]
• Order Withdrawing Matter From Adjudication As To Respondent American Home Products Corporation [PDF 47K]

October 10, 2001

• Joint Motion to Withdraw Respondent American Home Products Corporation from Adjudication [PDF 65KB]

October 3, 2001

• Administrative Law Judge Order Denying Complaint Counsel's Motion to Compel Respondent American Home Products Corporation to Produce Documents and Testimony [PDF 54KB]

October 2, 2001

• Motion of American Home Products Corporation for Protective Order and to Compel Return of Privileged and Work Product Materials - Public [PDF 2.9MB]
• Respondent American Home Products Corporation's Second Set of Requests for Admissions to Federal Trade Commission [PDF 748KB]

September 27, 2001

• Respondent American Home Products Corporation's Response to Complaint Counsel's Motion to Compel Respondent American Home Products Corporation to Produce Documents and Testimony [PDF 392KB]

September 25, 2001

• Order Denying AHP's Motion Seeking Leave to Require That all Briefing Regarding its Motion for Protective Order be Filed Under Seal [PDF 117KB]
• First Revised Scheduling Order [PDF 73KB]
• Notice of Appearance [PDF 31KB]

September 21, 2001

• Motion of all Parties to Revise Scheduling Order [PDF 74KB]
• Upsher-Smith's Objections and Responses to Complaint Counsel's First Set of Requests for Admissions [PDF 78KB]

September 19, 2001

• Errata Sheet for Complaint Counsel's Statement of the Case [PDF 32KB]

September 18, 2001

• Complaint Counsel's Statement of the Case [PDF 307KB]
• American Home Products Corporation's Statement of the Case [PDF 478KB]

September 10, 2001

• Order on American Home Products Corporation's and Schering-Plough Corporation's Motions to Compel
  and on Non-parties Andrx Pharmaceutical, Inc.'s and Aventis Pharmaceutical Inc.’s Motion for a Protective Order [PDF 465K]

April 2, 2001

• Administrative Complaint
• News Release