Abraxis Bioscience, Inc. v. Mayne Pharma (USA) Inc.

Mayne Pharma (USA), Inc. (“Mayne”) appeals from the decision of the United States District Court for the Southern District of New York granting judgment of infringement of U.S. Patents 5,714,520 (“the ’520 patent”), 5,731,355 (“the ’355 patent”), and 5,731,356 (“the ’356 patent”), both literally and under the doctrine of equivalents, in favor of AstraZeneca Pharmaceuticals LP and AstraZeneca UK Ltd. (collectively “AstraZeneca”). AstraZeneca Pharms. LP v. Mayne Pharma (USA) Inc., No. 02-7936, 03-6487 (S.D.N.Y. Nov. 2, 2005) (“Nov. 2, 2005 Opinion”). Because the district court erred in its construction of “edetate,” which was the basis upon which it found literal infringement, we reverse the court’s claim construction and the court’s finding of literal infringement. However, because the court did not clearly err in determining that the accused product infringes under the doctrine of equivalents, we affirm the district court’s judgment.

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