February 11, 2014

Federal Circuit Decisions for Week Ending February 7, 2014

Pfizer, Inc., et al. v. Teva Pharmaceuticals USA, Inc.l., Nos. 12-1576, -1601, -1602, -1603, -1604, -1605, -1607 (February 6, 2014) (nonprecedential), U.S. Patent Nos. 6,197,819; 5,563,175; 6,001,876; and U.S. Reissue Patent No. 41,920

Key points:

  • Absent a clear disavowal or definition in the specification or prosecution history, the reporting of test results limited to certain forms of a chemical compound does not warrant importing such a limitation into a claim that recites only the general chemical compound.
  • Where a claim has been construed to cover a chemical compound, the specification is not deficient merely because it does not disclose how to prepare a particular form or mixture—among hundreds of possible permutations—of that compound.

Related Team:

Mitchel Jones