Summary Judgment Brief on Nonobviousness

AuthorKenneth L. Dorsney
Pages841-843
Summary Judgment Brief on Nonobviousness
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MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT OF NONOBVIOUSNESS
UNDER 35 U.S.C. § 103
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INTRODUCTION
The patents-in-suit are directed to novel formulations for [a ]
where [explain]. The patents were originally obtained by _____. This motion addresses
I. CONCISE STATEMENT OF FACTS
Plaintiff initiated this patent infringement action under the Hatch-Waxman Act in
response to Defendant’s filing of an Abbreviated New Drug Application (“ANDA”) for a
generic [ ] capsule product. Plaintiff is the current assignee of record and
owner of the patents-in-suit. Both fact and expert discovery have closed. This action
will proceed as a bench trial and will not be tried to a jury.
A. The Patents-in-Suit
The patents-in-suit are United States Patent Nos. 1 (“the ’001 patent”) and 2 (“the
’002 patent”). The ’002 patent is a continuation of the ’001 patent. The patents thus
share a common disclosure that was filed on [Date]. [Cite]
B. The Prior Art
1. The _____ Reference
[describe]
2. Etc.
II. APPLICABLE LEGAL STANDARDS
A. The Standard for Summary Judgment
Summary judgment is appropriate where “there is no genuine dispute as to any
56(a). A factual dispute is “genuine” if a reasonable trier of fact could return a judgment
841
A-33
dor54588_24_app_663–914.indd 841 5/5/16 5:05 PM

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