Free Motion for Judgment on the Pleadings - District Court of Delaware - Delaware

Case 1:06-cv-00741-SLR

Document 38

Filed 04/25/2007

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Case 1:06-cv-00741-SLR

Document 38

Filed 04/25/2007

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Case 1:06-cv-00741-SLR

Document 38

Filed 04/25/2007

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Case 1:06-cv-00741-SLR

Document 38-2

Filed 04/25/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

CELGENE CORPORATION, NOVARTIS ) PHARMACEUTICALS CORPORATION and )

NOVARTIS PHARMA A.G.,

)

Plaintiffs
v. ABRIKA PHARMACEUTICALS, INC., and ABRIKA PHARMACEUTICAL, LLLP,

)

)
) Civil Action No. 06-741 (SLR)

)

) )

Defendants.

)

)

ORDER

Upon consideration of Defendants' Rule 12(c) Motion for Judgment on the Pleadings, the Opening Brief in support of such motion and the opposition thereto, it is

hereby ordered and decreed that said motion is GRANTED.
As the sole basis for plaintiffs' allegation of willful infringement of U.S. Patent

No. 5,837,284 and U.S. Patent No. 6,635,284 (collectively, "the '284 patents") is defendants* submission of Abbreviated New Drug Application No. 78-458, and the mere filing of an AND A cannot, as a matter of law, support a finding of willful infringement,
the Court concludes that defendants have not willfully infringed the '284 patents.
IT IS SO ORDERED.

Dated:

Sue L. Robinson, U.S.D.J.

Case 1:06-cv-00741-SLR

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Filed 04/25/2007

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