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Citation: 2009 U.S. App. LEXIS 20294

1. Sanofi-Aventis United States LLC v. Sandoz, Inc., 2009-1427, -1444, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, September 10, 2009, Decided

OVERVIEW: A district court erred in its construction of a claim of a patent because the claim was not limited to optically pure oxaliplatin produced by the high performance liquid chromatography process. The district court erred in construing composition claims as product-by-process claims, and its judgment of noninfringement was vacated.


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