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CELGENE CORP. v. TEVA PHARMS, USA, INC.

Civil Action No. 04-4030.

412 F.Supp.2d 439 (2006)

CELGENE CORP., et al., plaintiffs, v. TEVA PHARMS. USA, INC, defendant.

United States District Court, D. New Jersey.

February 6, 2006.

Attorney(s) appearing for the Case

Charles M. Lizza, Esq., Kevin R.J. Schroth, Esq., William C. Baton, Esq., LeBoeuf, Lamb, Greene & Macrae, LLP, Newark, NJ, for plaintiffs Celgene Corporation, Novartis Pharmaceuticals Corporation, and Novartis Pharma AG.

Brian P. Sullivan, Esq., Bradley L. Mitchell, Esq., Stevens & Lee, Princeton, NJ, for defendant Teva Pharmaceuticals 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 plaintiff's Celgene Corporation, Novartis Pharmaceuticals Corporation, and Novartis Pharma AG's (collectively "plaintiff's") allegation of willful infringement. For the reasons that follow...

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