Strong Presumption that Markush Claim Elements are Closed to Additional Elements

Strong Presumption that Markush Claim Elements are Closed to Additional Elements


In Shire Development. LLC v. Watson Pharmaceuticals, Inc. , [2016-1785] , the Federal Circuit reversed a finding of infringement because the accused product did not meet the Markush claim element, and remanded for entry of an order of non-infringement.



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