Federal Circuit Clarifies What the “Product” Is In Para IV Infringement Litigation
The Federal Circuit recently issued an opinion that reminds us of the importance of being consistent in our statements to the FDA and in patent matters. What matters for the sake of infringement analysis is the product specified in the ANDA filing. The case, Sunovion Pharmaceuticals., Inc. v. Teva Pharmaceuticals USA, Inc. et al. (Fed.…