Shire Plc US appeals court reverses claim and remands in patent case vs Watson (Actavis); Shire will have to reargue case against Watson
The plaintiffs-appellees (collectively, Shire) own U.S. Patent No. 6,773,720, which claims a controlled-release oral pharmaceutical composition for treating inflammatory bowel diseases. Shire markets these oral pharmaceutical compositions under the brand name LIALDA. After the defendants-appellants (collectively, Watson) submitted an Abbreviated New Drug Application (ANDA) seeking approval to sell the bioequivalent of LIALDA, Shire sued for infringement of the 720 patent. After construing certain relevant claim language, the district court found that Watsons product infringed the 720 patent. We conclude that the district courts constructions of inner lipophilic matrix and outer hydrophilic matrix impermissibly broaden the ordinary meaning of the terms.
- Accordingly, we reverse the district courts claim constructions of inner lipophilic matrix and outer hydrophilic matrix, and subsequent finding of infringement, and remand for further proceedings consistent with this opinion
- Shire the platintiffs appellees, Watson (Actavis) the defendants Appellants