ACTELION PHARMACEUTICALS v. MYLAN PHARMACEUTICALS

2022-1889.

85 F.4th 1167 (2023)

ACTELION PHARMACEUTICALS LTD, Plaintiff-Appellee, v. MYLAN PHARMACEUTICALS INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: November 6, 2023.


Attorney(s) appearing for the Case

Stephen Blake Kinnaird , Paul Hastings LLP, Washington, DC, argued for plaintiff-appellee. Also represented by Igor Victor Timofeyev ; Christopher P. Hill , Aaron Selikson , Sarah Spencer , Mark Russell Sperling , Bruce M. Wexler , New York, NY.

Eric Thomas Werlinger , Katten Muchin Rosenman LLP, Washington, DC, argued for defendant-appellant. Also represented by Timothy H. Gray ; Jitendra Malik , Charlotte, NC; Deepro Mukerjee , Lance Soderstrom , New York, NY; Jillian Schurr , Chicago, IL.

Before Reyna, Stoll, and Stark, Circuit Judges.


The issue on appeal in this patent case is the meaning of "a pH of 13 or higher." More specifically, the issue involves understanding what the significant digits are for "a pH of 13." The district court did not address extrinsic evidence, including textbooks, explaining how a person of ordinary skill in the art would view the...

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