They do have an encapsulation patent: #8,298,554. It seems to be a "Catch-22". The capsule is patented and is made up from certain chemical compounds. It could consist of a few percentage points of inactive ingredients.
The Catch-22:
The generics capsule would infringe if its makeup is identical. On the other hand, if its makeup was different then it the product would not meet the definition of "Generic"
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