Celgene Corp. v. Teva Pharms, USA, Inc.

OPINION

CHESLER, District Judge.

I. INTRODUCTION

In this Hatch-Waxman Act patent infringement case, defendant Teva Pharmaceuticals USA, Inc. (“Teva”) moves pursuant to Federal Rule of Civil Procedure 12(c) for judgement on the pleadings with respect to plaintiffs Celgene Corporation, Novartis Pharmaceuticals Corporation, and Novartis Pharma AG’s (collectively “plaintiffs”) allegation of willful infringement. For the reasons that follow, Teva’s motion is GRANTED.

II. BACKGROUND

A. The Hatch-Waxman Act

The Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-99, (“FDCA”) provides that a company seeking to…