Summary Judgment Brief on Infringement

AuthorKenneth L. Dorsney
Pages849-851
Summary Judgment Brief on Infringement
IN THE UNITED STATES DISTRICT COURT
[Name of District]
[DISTRICT COURT CAPTION]
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT OF INFRINGEMENT
[Insert Table of Contents for Brief]
[Insert Table of Authorities for Brief]
INTRODUCTION
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 initiated this infringement action under 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
Trademark Office (“USPTO”) that ultimately issued as the patents-in-suit. All fact and
expert discovery have closed.
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]
849
A-35
dor54588_24_app_663–914.indd 849 5/5/16 5:05 PM

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