1. “Whether the statutory requirement to list in the Orange Book any patent that ‘claims the drug for which the applicant submitted [an NDA] and is a drug product (formulation or composition) patent’ excludes drug product patents unless they recite, by name, the active ingredient in the drug product.”
2. “Whether the district court properly assessed that the five patents at issue do not claim the drug for which the applicant submitted the application without conducting any claim construction.”
