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NOVARTIS CORP. v. BEN VENUE LABORATORIES, INC.

No. 01-1122.

271 F.3d 1043 (2001)

NOVARTIS CORPORATION, Plaintiff-Appellant, v. BEN VENUE LABORATORIES, INC., and Bedford Laboratories, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

DECIDED: November 7, 2001.

Attorney(s) appearing for the Case

Brian V. Slater, Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiff-appellant. With him on the brief were Robert L. Baechtold, Henry J. Renk, Nicholas N. Kallas, and Douglas Sharrott. Of counsel on the brief was John J. Francis, Jr., Drinker, Biddle & Shanley, L.L.P., of Florham Park, NJ.

F. Dominic Cerrito, Pennie & Edmonds LLP, of New York, NY, argued for defendants-appellees. With him on the brief were Brian D. Coggio and Jonathan A. Marshall.

Before CLEVENGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

CLEVENGER, Circuit Judge.

Novartis Corporation ("Novartis") appeals from the decision of the United States District Court for the District of New Jersey granting the motion of Ben Venue Laboratories, Inc., and Bedford Laboratories ("Ben Venue") for summary judgment of noninfringement of U.S. Patent No. 4,711,880. Because we conclude that Novartis has not set forth sufficient facts to entitle it to a trial on the merits of...

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