In Re Omeprazole Patent Litigation

How courts have described this case

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

• concluding that two company brochures were not printed publications because there was no evidence “about the circulation and availability of the brochures”
• requiring performance of process and determination that invention works for intended purpose
• “To demonstrate reduction to practice, a party must prove that the inventor (1) ‘constructed an embodiment or performed a process that met all the limitations’ and (2
• “If the FDA has already approved the ANDA, the district court's order would alter the effective date of the application, thereby converting a final approval into a tentative approval.”
• “[I]f the FDA has not approved the ANDA before the district court determines that the patent has been infringed, the FDA may not approve the ANDA until the effective date specified by the district court under section 271(e)(4)(A).”

Source: CourtListener parenthetical corpus (CC0).