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Abbott Laboratories v. Sandoz Inc.

United States Court of Appeals for the Federal Circuit

566 F.3d 1282 (2009)

Relevant factsFree

Abbott Laboratories (plaintiff) owned the '507 patent for crystalline cefdinir, marketed as Omnicef, with claims written as product-by-process claims. Sandoz Inc. and other defendants sought to market generic cefdinir made by processes different from those recited in Abbott's patent.

IssueFree

Whether the process terms in a product-by-process claim are enforceable limitations, such that a product made by a different process does not infringe.

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