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Construing claims to fit the brand

By Ian J. Howard on July 9, 2026

The US Court of Appeals for the Federal Circuit affirmed a district court’s claim construction and grant of a preliminary injunction, concluding that an accused infringer’s proposed construction would have produced the “highly improbable” result of excluding the patentee’s Orange Book-listed drug from the scope of the asserted claims. Otsuka America Pharmaceutical, Inc. v. Hetero […]

  • Posted in:
    Intellectual Property
  • Blog:
    IP Update
  • Organization:
    McDermott Will & Emery
  • Article: View Original Source

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