Plaintiff's claim for infringement is collaterally estopped

Galderma Laboratories Inc., et al. v. Amneal Pharmaceuticals, LLC, et al., C. A. No. 11-1106-LPS, September 7, 2012.

Stark, J.  Motion for partial judgment on the pleadings is granted.

ANDA litigation defendant moved for partial judgment on the pleadings asserting that its proposed 40 mg doxycycline product does not infringe one of the patents in suit.  Defendant maintained that plaintiff’s claim for infringement was collaterally estopped from bringing the case because the Court held in a different case that another generic company’s 40 mg doxycycline product did not infringe the patent.  The motion was granted . Defendant established that no material issue of fact remains as to collateral estoppel and that defendant is entitled to judgment as a matter of law.

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