By Kevin E. Noonan — It has long been understood that claim construction can, and frequently is, dispositive in patent litigation. This truism was the basis for the Federal Circuit affirming the District Court’s decision against a generic drug producer in its recent decision in Par Pharmaceutical, Inc. v. Hospira, Inc. And the case being decided on whether Hospira’s formulation described in its ANDA would constructively infringe Par’s patented formulation, the clear error standard of view also had a part to play in the outcome. These issues arose in ANDA litigation, wherein Plaintiffs asserted U.S. Patent Nos. 9,119,876 and 9,925,657…
