United States Federal Circuit
Adams Respiratory Therapeutics, Inc. v. Perrigo Co., 10-1246
In a patent infringement suit, related to a patent for an extended release formulations of guaifenesin, (an expectorant used to thin, loosen, and help expel mucus that causes congestion), district court's judgment that the guaifenesin product described in defendant's ANDA would not infringe the asserted claims of plaintiff's patent is vacated and remanded where: 1) plaintiff has raised a genuine issue of material fact on infringement under the proper construction of the term equivalent, sufficient to preclude summary judgment; 2) district court properly denied summary judgment of noninfringement on the limitation "immediate release form which becomes fully bioavailable in the subject's stomach"; and 3) district court's grant of summary judgment of noninfringement of claims 34 on the doctrine of equivalents is vacated.
Appellate Information
- Decided 08/05/2010
- Published 08/05/2010
Judges
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Dominick A. Conde, William A. Rakoczy