Braintree Laboratories, Inc. v. Novel Laboratories, Inc., No. 13-1438 (Fed. Cir. Apr. 22, 2014)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

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 (“ANDA”). See Braintree Labs., Inc. v. Novel Labs., Inc. , No. 11 -CV- 1341, 2013 WL 211252 (D.N.J. Jan.