United States Federal Circuit

Summary judgment for defendant of non-infringement of a claim in a patent directed to a pharmaceutical composition of drugs that act as pain relievers is affirmed where: 1) there was no error in the district court's construction of the term "about 1:5" to mean "approximately 1:5, encompassing a range of ratios no greater than 1:3.6 to 1:7.1;" and 2) under such construction, there could be no literal infringement because defendant's formulation must have a weight ratio of the drugs of no less than 1:7.5.

Appellate Information

• Decided 01/19/2007
• Published 01/19/2007

Judges

• McKINNEY, Chief Judge., Before SCHALL and GAJARSA, Circuit Judges, and McKINNEY, Chief Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David T. Pritikin, Sidley Austin LLP, of Chicago, IL, argued for plaintiff-appellant.   With him on the brief were Constantine L. Trela, Jr. and Lisa A. Schneider.   Of counsel on the brief were Jeffrey P. Kushan and John L. Newby II, of Washington, DC and Michael D. Hatcher, of Dallas, Texas.


• For Appellees:
  
• James F. Hurst, Winston & Strawn, LLP, of Chicago, IL, argued for defendant-appellee.   With him on the brief were David E. Koropp and James M. Hilmert.