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Sanofi-Aventis U.S. LLC v. Sandoz, Inc. (Fed. Cir. 2009)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

More Claim Construction Confusion from the Federal Circuit By Kevin E. Noonan -- The Federal Circuit demonstrated once again the quagmire that can exist when lower courts attempt to apply the CAFC's rather quixotic jurisprudence on claim construction. The case, Sanofi-Aventis U.S. LLC v. Sandoz, Inc.(1), arose as the result of ANDA filings by several Defendants for oxaliplatin, the active ingredient in Sanofi's Eloxatin® colorectal cancer drug. Two claims of the patent at issue, U.S. Patent No. 5,338,874, were asserted against the Defendants: 1. Optically-pure cis-oxalato(trans-l-1,2-cyclohexanediamine) Pt(II) having the general formula of Formula (1). (Dependent claim 2 merely added a...

Full post as published by Patent Docs on September 11, 2009 (boomark / email).