2016
ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators, Second Edition
By Mark J. Feldstein, Ph.D.; Krista E. Bianco
Claim construction is the process in which courts interpret the meaning and scope of a patent's claims. Since the claims "define the invention to which the patentee is entitled the right to exclude," construing the claims can be a critical step in determining the outcome of almost all patent litigations. In fact, the first step of any infringement or validity analysis is to determine the meaning of the claims (i.e., what the claims encompass and what they do not). Only after the boundaries of the claims have been determined can a judge or jury decide whether the allegedly infringing product or process falls within the scope of the patentee's claims, whether the claims are adequately described in the specification, or whether the claims are invalid in view of the prior art. From a practical standpoint, once the scope of the patentee's rights has been determined, the question of infringement can often be resolved without trial, often by agreement of the parties or on summary judgment.
This chapter begins by setting forth the general principles of the claim construction analysis. Once the basic rules for interpreting the meaning of the claims have been explained, this chapter addresses the timing and procedural aspects of the claim construction analysis. Mark J. Feldstein, Ph.D. discusses various strategic considerations the parties to an Abbreviated New Drug Application (ANDA) case should address once the claims have been construed.
Originally printed in ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators, Second Edition in 2016. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.
INCONTESTABLE® Blog
April 19, 2024
At the PTAB Blog
IPR and PGR Statistics for Final Written Decisions Issued in February 2024
April 16, 2024
INCONTESTABLE® Blog
April 12, 2024
INCONTESTABLE® Blog
April 4, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.