Norton Rose Fulbright secures Federal Circuit victory for Vifor in patent dispute

Global law firm Norton Rose Fulbright secured a victory for Vifor (International) AG before the US Court of Appeals for the Federal Circuit in Biofer S.p.A. v. Vifor (International) AG. On September 3, 2026, the Federal Circuit unanimously affirmed a judgment of noninfringement in Vifor's favor.

Following the US District Court for the Eastern District of New York's claim construction ruling, the parties stipulated to a judgment of noninfringement, which Biofer S.p.A. appealed based on the district court's claim construction. The Federal Circuit agreed with the district court that "'pH between 7.0 and 9.0' is properly construed to mean pH is maintained in the interval separating 7.0 and 9.0.'" Based on that construction, the court also affirmed the stipulated judgment of noninfringement in Vifor's favor.

"This decision affirms the district court's construction of a key claim term and confirms the judgment of noninfringement in Vifor's favor," said Sanya Sukduang, who co-led Norton Rose Fulbright's representation. "The decision highlights the critical role that claim construction plays in patent litigation and provides certainty regarding the scope of the asserted patent claims."

Norton Rose Fulbright's Washington, DC team was led by Sanya Sukduang and Jonathan Davies and included John Habibi, Rachel Preston and Melissa Eskola.

Norton Rose Fulbright's patent team features one of the most respected patent procurement teams worldwide. The firm's team includes lawyers, patent agents and technical consultants with specialist engineering and scientific degrees, including several at the PhD level, and are supported by best-in-class IP management software.