Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc.

 
APPEAL NO.
22-2153, 23-1952
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Lourie

Question(s) Presented

Plaintiffs-Appellants:

“Whether a panel of this Court may affirm findings of a district court based on an analysis the district court never conducted and evidence the district court never credited.”

Defendant-Cross-Appellant:

“Whether 35 U.S.C. ยง 271(e)(4)(A) requires district courts to tie the effective date of FDA approval to the indication for which the infringing ANDA seeks approval when that indication alone is the source of the infringement of a method-of-use patent.”