Infringement Of Product-By-Process Claims In US Clarified

Abbott Labs. v Sandoz, Inc., No. 2007-1400, and Lupin Ltd v Abbott Labs., No. 2007-1446, US Court of Appeals for the Federal Circuit, 566 F.3d 1282, 18 May 2009 (en banc). A product must be made by claimed process to infringe a product-by-process claim. Legal context US patent law has long allowed a patentee to […]