Patent Law | Expert Legal Commentary
July 13, 2009
Abbott Labs v. Sandoz: Defining Infringement for Product-by-Process Claims
Abbott Labs v. Sandoz
By
Yuri Mikulka of Zuber & Taillieu LLP and Spyros J. Lazaris
The Federal Circuit has resolved prior inconsistencies in its case law and established a bright line rule to define infringement in product-by-process claims, holding that such infringement requires practice of the claimed process by the alleged infringer. In Abbott Labs v. Sandoz, 566 F.3d 1282 (Fed. Cir. 2009), the Federal Circuit held that the process terms of a product-by-process claim serve as limitations in determining infringement, such that similar products made by a different process do not infringe on the patent.
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About the Author
Yuri Mikulka is a Partner of Zuber & Taillieu LLP, and chairs its litigation department.