Federal Circuit KO's Scripps: Resolves Scope of Product-by-Process Claims

In Abbott Laboratories v. Sandoz, Inc., ___F.3d___, 2009 WL 1371410 (Fed. Cir. May 18, 2009), the Federal Circuit resolved a significant decisional conflict regarding the interpretation of product-by-process claims in determining infringement. In doing so, the court clarified the scope of product-by-process claims and the activity that could give rise to liability for their infringement. Read more.