United States Federal Circuit
Sunovion Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., 13-1335
Summary judgment finding defendants did not infringe plaintiff's patent directed to the active ingredient in the sleep medication drug Lunesta, is reversed and remanded, where: 1) the district court did not err in construing the asserted claims; but 2) plaintiff was entitled to a judgment of infringement as a matter of law because if a product that an Abbreviated New Drug Application (ANDA) applicant is asking the FDA to approve for sale falls within the scope of an issued patent, a judgment of infringement must necessarily ensue.
Appellate Information
- Decided 09/26/2013
- Published 09/26/2013
Judges
- LOURIE
Court
- United States Federal Circuit