Fed Circ. Sets Product-By-Process Patent Restrictions

Law360 (May 18, 2009, 12:00 AM EDT) -- In two cases over a patent related to Abbott Laboratories' bacterial infection drug Omnicef, an appeals court has ruled that defining a product in a patent by the process through which it is made limits the scope of infringement that can be determined.

The U.S. Court of Appeals for the Federal Circuit on Friday upheld rulings from the U.S. District court for the Eastern District of Virginia and the U.S. District Court for the Northern District of Illinois that denied Abbott Laboratories and Astellas Pharma Inc....
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