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Abbott Laboratories v. Sandoz Inc.

United States Court of Appeals for the Federal Circuit

566 F.3d 1282 (2009)

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Summary
Procedural History
Judicial Opinion
Citations

Product-by-process claims are enforceable, even when the product's structure is unknown and the product is defined by the process of its creation.

Relevant Facts

Abbott Laboratories (plaintiff) owned the ‘507 patent for crystalline cefdinir, marketed as Omnicef. The relevant patent claims were product-by-process claims. Sandoz Inc. and other defendants sought to market generic versions of Omnicef, made by different processes than those claimed in Abbott's patent.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 8, 2023

Judicial Opinion

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Procedural History

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Citations

566 F.3d 1282 (2009)

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