Abbott Laboratories v. Sandoz, Inc.

 
APPEAL NO.
07-1400, 07-1446
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Rader

Question(s) Presented

Did the Eastern District of Virginia and Northern District of Illinois correctly construe and appropriately apply their discretion when reviewing patent claims related to cefdinir?

Holding

Yes. Neither broad claim language nor the doctrine of equivalents applies so as to “capture” the competing product.

Date
Selected Proceedings and Orders
May 18, 2009