Adams Resp Therapeutics v Perrigo Co

Adams Resp Therapeutics v Perrigo Co Fed Cir 2010

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Adams Respiratory Therapeutics, Inc. (Adams) appeals the judgment of the district court that the guaifenesin product described in Perrigo Co.'s (Perrigo's) Abbreviated New Drug Application (ANDA) would not infringe the asserted claims of U.S. Patent No. 6, 372, 252 (the '252 patent). Because the court based its judgment of noninfringement on an erroneous claim construction, we vacate and remand.

Court also held that when a commercial product meets all of the claim limitations, then a comparison to that product may support a finding of infringement.

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Reference Info:Decision | Federal, Federal Circuit, Patent | United States


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