Astellas US LLC v. Hospira, Inc.

 
APPEAL NO.
22-1878
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Dyk

Question(s) Presented

“Whether a district court abuses its discretion when it permits an ANDA filer to change its product mid-litigation, for the very purpose of attempting to design around the patent-holder’s theory of infringement, but denies the patent-holder an opportunity to respond with revised infringement contentions and supporting evidence demonstrating that the new product defined by that ANDA also infringes.”

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