Sumitomo Dainippon Pharma Co. v. Emcure Pharmaceuticals, No. 17-1798 (Fed. Cir. Apr. 16, 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.

This Hatch -Waxman appeal requires us to construe the scope of a claim depict ing a compound’s chemical structure. Although the compound can exist in two diffe r- ent three-dimensional orientations that are mirror images of each other, only one is portrayed in the claim. The district court construed the claim to cover the two three - dimensional orientations in isolation—both the one shown in the claim and its mirror image —as well as mixtures of the two in any ratio . The parties then stipulated to infringement and the entry of an injunction.