HZNP MEDICINES LLC v. ACTAVIS LABORATORIES UT, INC.

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)

Background:

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.

Issue/Holding:

Did the district court err in finding “consisting essentially of” indefinite?  (continue reading)

Summary by:  Chris Wheeler

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