KRATZ, QUINTOS & HANSON, LLP

IP Newsletter

IP NEWSLETTER VOL. IV, ISSUE NO.4

Volume IV, Issue No. 4

TOO BROAD A CLAIM COULD RESULT IN INVALIDITY DUE TO LACK OF ENABLEMENT

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.

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