Case: Patents/Claim Construction (Fed. Cir.)

The Federal Circuit affirmed the decision of a federal district court in Delaware that Sigmapharm Laboratories LLC, Unichem Laboratories Ltd., and Sunshine Lake Pharma Co. Ltd. infringed two Bristol-Myers Squibb Co. patents for the blood-thinner Eliquis, and that certain patent claims weren’t invalid. The Federal Circuit specifically adopted the district court’s construction of the terms “apixaban particles have a D90 equal to or less than about 89 microns” and “crystalline apixaban particles.” And the Federal Circuit found no error in the district court’s findings of fact, including its expert witness credibility determinations.