Appendix A-34 Summary Judgment Brief on Noninfringement

• Author: Kenneth Dorsney
• Pages: 845-847

Summary Judgment Brief on Noninfringement

IN THE UNITED STATES DISTRICT COURT

[Name of District]

[DISTRICT COURT CAPTION]

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT’S

MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT

[Insert Table of Contents for Brief]

[Insert Table of Authorities for Brief]

INTRODUCTION

Over a year ago, on [Date], the Court rendered its Memorandum and Order on

Claim Construction (“Markman Order”) in this case, construing the disputed terms of the

two patents-in-suit [insert argument]

I. STATEMENT OF UNDISPUTED FACTS

Plaintiff brought this infringement case pursuant to the Hatch-Waxman Act in

response to Defendant’s filing of an Abbreviated New Drug Application (“ANDA”) for a

generic [active ingredient] capsule product. This action will proceed as a bench trial and

will not be tried to a jury. Plaintiff is the current assignee of record and owner of the

patents-in-suit and their commercial embodiment, BrandX. The inventors were _____

employees and _____ filed the original patent application with the United States Patent &

Trademark Office (“USPTO”) that ultimately issued as the patents-in-suit. All fact and

expert discovery have closed, and the Court has not yet set a trial date.

A. The Patents-in-Suit

The patents-in-suit are United States Patents Numbers 1 (“the ’001 patent”) and 2

(“the ’002 patent”), which cover [describe].

B. Defendant’s Accused ANDA Product

[describe]

II. APPLICABLE LAW

A. The Standard for Summary Judgment

Summary judgment is an integral part of the fair and efficient administration of

justice, not a disfavored procedural shortcut. See Celotex Corp. v. Catrett, 477 U.S. 317,

327 (1986). Summary judgment is appropriate when “there is no genuine dispute as to

any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ.

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A-34

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