Biogen Idec Inc. v. GlaxoSmithKline LLC, No. 12-1120 (Fed. Cir. Apr. 16, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Biogen Idec Inc. and Genentech, Inc. (collectively, “B i- ogen”) seek review of the district court’s construction of the disputed claim term “anti -CD20 antibody” that nar- rowed the term based on prosecution history disclaimer. Under that construction, Biogen stipulated that it could not prove infringement by GlaxoSmithKline LLC and Glaxo Group Ltd. (collectively, “GSK”). Biogen took that approach in order to appeal the district court’s claim construction.