Akzo v. Dow, appeals denied
Yes, Teva was cited:
Evaluation of summary judgment of noninfringement is a two-part inquiry: construing the claims and comparing the properly construed claims to the accused product. Abbott Labs. v. Sandoz, Inc., 566 F.3d 1282, 1288 (Fed. Cir. 2009). We review de novo the ultimate interpretation of a claim term and the evidence intrinsic to the patent. Teva Pharm. USA, Inc. v. Sandoz, Inc., 574 U.S. ___, 135 S. Ct. 831, 841 (2015). When a district court makes factual findings about extrinsic evidence, we review those subsidiary factual findings for clear error. Id. at 835, 841
Dow suggests that, in affirming the district court’s construction, we run afoul of the principle that courts may not redraft claims to sustain their validity. Appellee’s Br. 67–68 (discussing Chef Am., Inc. v. Lamb-Weston, Inc., 358 F.3d 1371 (Fed. Cir. 2004)). Dow’s reliance on Chef America, however, is misplaced. In affirming the district court’s construction, we are not redrafting the claims, but rather construing the claims to require the heightened temperature range to apply to the elevated temperature phases in accordance with the specification. Eidos Display, LLC v. AU Optronics Corp., 779 F.3d 1360, 1367–68 (Fed. Cir. 2015) (“Determining how a person of ordinary skill in the art would understand the limitation, however, is different from rewriting the limitation.”); Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1366–67 (Fed. Cir. 2011).