by William G. Kratz Jr
MAY YOU ALL HAVE A JOYFUL SUMMER!
In ALZA CORPORATION and MCNEIL-PPC, Inc., v. ANDRX PHARMACEUTICALS, LLC and ANDRX CORPORATION, dated April 26, 2010, the United States Court of Appeals for the Federal Circuit affirmed a district court decision holding that Claim 1 of U.S. 3,919,373 was not infringed and was invalid for lack of enablement.
- Claim 1 of that patent, the only independent claim, claims
- “A method for treating ADD or ADHD comprising administering a dosage form comprising methylphenidate that provides a release of methylphendate at an ascending release rate over an extended period of time.”
- While the specification focused on how osmotic systems can be adapted to create an ascending release dosage form to treat ADHD, the specification also mentions non-osmotic dosage forms.