Summary Judgment Brief on Noninfringement

• Author: Kenneth L. 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. , 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.

845

A-34

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