· 9/26/2013
Sunovion Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc.
Citations
- 731 F.3d 1271
- 108 U.S.P.Q. 2d (BNA) 1486
- 2013 WL 5356823
- 2013 U.S. App. LEXIS 19656
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the Hatch-Waxman framework envisions resolution of the infringement issue earlier, and generally before ANDA approval
- explaining that we first, and primar- ily, rely on intrinsic evidence like the claims themselves when construing claim terms
- noting that the Hatch-Waxman framework envisions resolution of the infringement issue earlier, and generally before ANDA approval
- explaining that even a ' certification to the court to market only product outside the claimed range does not overcome infringement when the ANDA specification is “within thé scope of the issued claims.”
- noting that the intrinsic evidence is “usually dispositive”
- “[I]t is also appropriate to rely on the record of interference proceedings in construing claim terms.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Schall, Reyna
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.