On Friday, August 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling in FMC Corp. v. Sharda USA, LLC vacating the Eastern District of Pennsylvania’s preliminary injunction order preventing Sharda from importing, selling or distributing its “WINNER” insecticide. The Federal Circuit found that the district court’s grant of injunctive relief rested on an erroneous claim construction for “composition” that failed to take into account the removal of references to stable compositions from the specification of the asserted patents.

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