Fed. Circ. Takes On Prior Claim Construction Issue

Law360, New York (February 20, 2009, 12:00 AM EST) -- A federal appeals court has agreed to hear an interlocutory appeal of Shire LLC’s patent infringement case against Sandoz Inc. over hyperactivity disorder drug Adderall XR that raises a question of whether a patentee is precluded from relitigating claim construction issues determined in a previous case.

The U.S. Court of Appeals for the Federal Circuit earlier this month granted Sandoz’s bid to appeal a September order by a Colorado district court that refused to give preclusive effect to an earlier claim construction order by another district...
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