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Federal Circuit Puts Teeth in the 'Process' of Product-By-Process Claims

Is a "product by process" claim infringed by products that are made by other processes? After 17 years of waiting, the Federal Circuit emphatically answered the question: No; product-by-process claims are only infringed by products made using the claimed process. Although the law now appears to be clear, the strongly worded dissent questions the soundness of the ruling and warns of potentially far-reaching implications for the pharmaceutical and biotech industries.

20 minute read July 29, 2009 at 11:00 AM
By
Timothy C. Bickham and Houda Morad
Federal Circuit Puts Teeth in the 'Process' of Product-By-Process Claims

Is a “product by process” claim infringed by products that are made by other processes? After 17 years of waiting, the Federal Circuit emphatically answered the question: No; product-by-process claims are only infringed by products made using the claimed process.

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