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ARTICLE · 05 SEPTEMBER 2025

Federal Circuit Vacates Preliminary Injunction Based On Erroneous Construction Of "Composition"

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In FMC Corp. v. Sharda USA, LLC, No. 2024-2335 (Fed. Cir. Aug. 1, 2025), the Federal Circuit vacated a preliminary injunction and remanded because the district court abused its discretion due to an erroneous construction of the claim term "composition."

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In FMC Corp. v. Sharda USA, LLC, No. 2024-2335 (Fed. Cir. Aug. 1, 2025), the Federal Circuit vacated a preliminary injunction and remanded because the district court abused its discretion due to an erroneous construction of the claim term "composition."

FMC sought a temporary restraining order ("TRO") against Sharda for infringement of patents relating to insecticide and miticide compositions. Sharda opposed the TRO by alleging that the patents faced substantial questions of invalidity under theories of anticipation and obviousness. The district court granted the TRO, which converted to a preliminary injunction, based on a construction requiring "composition" to cover only stable compositions. Sharda appealed.

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