Abbott Laboratories v. Sandoz, Inc.

566 F.3d 1282 (2009)

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Nature of the Case

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Facts

P the exclusive licensee of the '507 patent, markets crystalline cefdinir according to the '507 patent under the trade name Omnicef. The Virginia case arose when Lupin sought a declaratory judgment of noninfringement against P and Astellas Pharma Inc., the owner of the '507 patent. The Food and Drug Administration had previously approved Lupin's Abbreviated New Drug Application (ANDA) to market a generic version of Omnicef. Lupin's generic product contains almost exclusively the Crystal B form of crystalline cefdinir (cefdinir monohydrate), whereas P's Omnicef product contains the Crystal A form of crystalline cefdinir (cefdinir anhydrate). Lupin makes its products with processes other than those claimed in the '507 patent. Lupin brought the Virginia action to clarify that its proposed product would not infringe a valid patent. P counterclaimed for infringement. The court granted Lupin's motion for summary judgment of noninfringement, as to both literal and equivalent infringement. In the Illinois action, P sued Ds for infringement of the '507 patent. Ds had also previously filed ANDAs, seeking to market generic versions of Omnicef. P sought a preliminary injunction and the parties agreed to adopt the Eastern District of Virginia's claim construction from the Lupin case. But the parties disagreed as to how to interpret some of the Eastern District of Virginia's constructions, necessitating some clarification by the Northern District of Illinois. The Court denied the preliminary injunction. Both cases arrived at this court on appeal.