Legal Opinion

Bio-Technology General Corp. v. Duramed Pharmaceuticals, Inc.

District Court, D. New Jersey

Decided December 6, 2001No. CIV.A. 00-4509(NHP)Published

1Opinion of the Court

OPINION AND ORDER

POLITAN, District Judge.

This matter comes before the Court on a motion for summary judgment by Defendant, Duramed Pharmaceuticals,- Inc. (“Defendant” or “Duramed”). Oral argument was heard on October 30, 2001. For the reasons expressed below, Defendant’s motion for summary judgment will be granted.

STATEMENT OF FACTS

This is a patent infringement case involving oral contraceptives, otherwise known as birth control pills. Defendant filed an Abbreviated New Drug Application (“ANDA”) with the United States Food and Drug Administration (“FDA”) seeking approval to market a generic…

2Cases cited24 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  3. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  4. Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996
  5. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950

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