Biofer S.P.A. v. Vifor (International) Ag.

Summary

The Federal Circuit affirmed the district court’s construction of the term “pH between 7.0 and 9.0” in claim 1 of U.S. Patent No. 8,759,320, holding that the phrase requires the pH to be maintained throughout the oxidation step. Because under that construction Vifor does not infringe, the judgment of non‑infringement was affirmed. The court declined to address a separate claim term that was not implicated in the judgment.