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BRAINTREE LABORATORIES, INC. v. NOVEL LABORATORIES

No. 2013-1438.

749 F.3d 1349 (2014)

BRAINTREE LABORATORIES, INC., Plaintiff-Appellee, v. NOVEL LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 22, 2014.

Attorney(s) appearing for the Case

John J. Regan , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for plaintiff-appellee. With him on the brief were Mark C. Fleming , Nishat A. Shaikh , Jennifer C. Brown , and Michael A. Greene ; and Christopher R. Noyes , of New York, NY.

Ronald M. Daignault , Robins, Kaplan, Miller & Ciresi L.L.P., of New York, NY, argued for defendant-appellant. With him on the brief were David Leichtman , Matthew B. McFarlane and Oren D. Langer.

Dissenting opinion filed by Circuit Judge MOORE.

PROST, Circuit Judge.

This is a patent infringement case under the Hatch-Waxman Act. See 35 U.S.C. § 271(e)(2)(A). Defendant-Appellant Novel Laboratories, Inc. ("Novel") appeals the grant of summary judgment by the United States District Court for the District of New Jersey that U.S. Patent No. 6,946,149 ("`149 patent") held by Braintree Laboratories, Inc. ("Braintree") is infringed by the composition covered by Novel's abbreviated new drug application...

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