Legal Opinion
Novartis Pharm. Corp. v. Accord Healthcare Inc.
District Court, D. Delaware
Decided June 5, 2019No. C.A. No. 18-1043-LPSPublishedCited by 1 opinion
1Opinion of the Court
*434"[T]he words of a claim are generally given their ordinary and customary meaning.... [which is] the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention, i.e., as of the effective filing date of the patent application." Id. at 1312-13 (internal citations and quotation marks omitted). "[T]he ordinary meaning of a claim term is its meaning to the ordinary artisan after reading the entire patent." Id. at 1321 (internal quotation marks omitted). The patent "specification is always highly relevant to the claim construction analysis.…
2Cases cited14 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
- Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996
- Renishaw Plc v. Marposs Societa' Per Azioni and Marposs CorporationCourt of Appeals for the Federal Circuit · 1998
- Liebel-Flarsheim Company and Mallinckrodt Inc. v. Medrad, Inc., Defendant-CrossCourt of Appeals for the Federal Circuit · 2004
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3Cited by1 opinion
- CELGENE CORPORATION v. HETERO LABS LIMITEDDistrict Court, D. New Jersey · 2020