Aptalis Pharmatech, Inc. v. Apotex Inc., No. 17-1344 (Fed. Cir. Jan. 4, 2018)

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.

In this Hatch -Waxman case, Apotex Inc. and Apotex Corp. appeal from the district court’s claim construction of “extended release coating” and its finding that Apotex’s product infringes U.S. Patent Nos. 7,790,19 9 and 7,829,121. We conclude that the district court erred by not construing the term “extended release coating ” to require a continuous outer film, as taught by the intrinsic evidence. Accordingly, we vacate the infringement find- ing and remand for further proceedings. I.