The Court of Appeals for the Federal Circuit, in Amgen Inc. v. Amneal Pharma LLC., No. 2018-1086, (Fed. Cir. Jan. 7, 2020), reversed the district court’s claim construction, and vacated and remanded the district court’s finding of non-infringement by Amneal’s product, but affirmed the district court’s judgment that Piramal does not infringe claim 1 of the ‘405 patent and that Zydus infringes claim 1 of the ‘405 patent. The Court held that the district court improperly excluded formulations with additional unlisted ingredients, as a result of an erroneous claim construction of the Markush group.
The full opinion is accessible via http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2414.Opinion.1-7-2020.pdf