Biovail Corporation International, Biovail Laboratories,inc., and Galephar P.R., Inc. Ltd. v. Andrx Pharmaceuticals, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• using 15 earlier application prosecution history to restrictively construed the term “admixiture” as requiring 16 a homogenous admixture
• “[W]e review both the specification and applicable prosecution history to determine whether the patentee defined claim terminology in a manner inconsistent with its ordinary meaning.”
• \[W]e review both the specification and applicable prosecution history to determine whether the patentee defined claim terminology in a manner inconsistent with its ordinary meaning.\
• “Literal infringement requires a patentee to prove by a preponderance of the evidence that every limitation of the asserted claim is literally met... .”
• “Literal infringement requires a patentee to prove by a preponderance of the evidence that every limitation of the asserted claim is literally met.”
• “As a general proposition, a limitation that does not exist in a claim should not be read into that claim.”

Source: CourtListener parenthetical corpus (CC0).