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ARTICLE · 17 NOVEMBER 2020

A Success Story (So Far!) In Drafting A Patent Application

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Plaintiffs Genentech and InterMune brought a Hatch-Waxman patent infringement action against various generic pharmaceutical companies.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Stacy Lewis
Stacy Lewis
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Holding: In Genentech, Inc. v. Aurobindo Pharma Limited, No. 19-cv-78-RGA, 2020 WL 6144696, (D. Del. Oct. 20, 2020), United States District Court for the District of Delaware (Judge Richard G. Andrews) held that the term "Grade 2 abnormality in one or more biomarkers of liver function," as recited in three asserted patents, U.S. Pat. Nos. 7,566,729; 7,635,707; and 8,592,462, is not indefinite, and adopted Plaintiffs' proposed claim construction.

Background: Plaintiffs Genentech and InterMune brought a Hatch-Waxman patent infringement action against various generic pharmaceutical companies. Id. at *2. The case turned on the construction of the claim term "Grade 2 abnormality in one or more biomarkers of liver function," as recited in various asserted claims of the three asserted patents. Id.

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