Law360, New York (February 20, 2009) -- 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...
