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· 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 CourtListener

Sourced 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.