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August 08, 2013

Comments

What is the final saying of federal circuit for chang patent (US7749532)

Dear rx007,

The Federal Circuit affirmed the district court decision in every respect except for the validity of those three claims. Therefore, because the lower court found the Chang patent infringed and not invalid, that is the status of that patent, at least with respect to the Mylan ANDA product. Thanks for the comment.

Andrew

Maybe I am confused, but does the court mean that Galderma cannot prove infringement of a claim that required no significant inhibition of any of these microorganisms, because it is impractical, or even in principle? And if the latter, doesn't that mean that the Ashley patent doesn't satisfy the enablement requirement, since Galderma couldn't prove it either?
I apologize in advance if I have mangled this.

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