product infringes the '482 patent under the doctrine of equivalents. Under the point heading, "Defendants' Doctrine of Equivalents Arguments Have No Foundation," (Warner-Lambert Opp. at 61), Warner-Lambert represents that it "does not, and need not, invoke the doctrine of equivalents to prove infringement." There being no dispute over it, the Court need not reach Teva's doctrine-of-equivalents argument.
For the foregoing reasons, the Court concludes that Teva is not entitled to summary judgment of noninfringement based on use of an adjuvant excluded from claims 7-11 of the '482 patent.
Accordingly, IT IS on this 22nd day of August 2005,
ORDERED that the Motion of Defendants Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd. for summary judgment of noninfringement of U.S. Patent No. 6,054,482 based on use of certain adjuvants is denied.
D.N.J.,2005. In re Gabapentin Patent Litigation
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