HZNP MEDICINES LLC v. ACTAVIS LABORATORIES UT, INC., Appeal Nos. 2017-2149, -2152, -2153, -2202, -2203, -2206 (Fed. Cir. October 10, 2019). Before Prost, Newman, and Reyna. Appealed from D.N.J. (Judge Hillman). (Indefiniteness)
HZNP (“Horizon”) owns a number of patents that relate to formulations and methods of using a topical agent marketed as PENNSAID® 2%. Actavis sought to market a generic version of PENNSAID 2% and filed an ANDA along with a Paragraph IV certification. Horizon brought suit alleging infringement. Claim construction ensued at the district court and a number of patents were found invalid on the grounds that the phrase “consisting essentially of” was indefinite. Horizon appealed.
Did the district court err in finding “consisting essentially of” indefinite? (continue reading)
Summary by: Chris Wheeler
To view additional Federal Circuit decisions, please visit our Federal Circuit Case Summaries page.