Glaxo Wellcome Inc. v. Impax Laboratories Inc.

Case Number: CLB0042

Date: 01.29.2004

Citation: 69 U.S.P.Q.2d 1705 (Fed. Cir. 2004)

Infringement plaintiff failed to rebut presumption that narrowing amendment to claims for sustained release tablets surrendered equivalent release agent used in defendant’s accused drug, since evidence suggests that plaintiff could have described equivalent release agent at time of amendment, and that agent was considered suitable for claimed drug.

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