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ARTICLE · 24 APRIL 2017

Angiomax Patents Limited To Example

In The Medicines Co. v. Mylan, Inc., the Federal Circuit construed composition claims of two Angiomax patents as requiring the recited "batches" to be made by a specific "efficient mixing" process illustrated in one of the examples.

United StatesIntellectual Property

In The Medicines Co. v. Mylan, Inc., the Federal Circuit construed composition claims of two Angiomax patents as requiring the recited "batches" to be made by a specific "efficient mixing" process illustrated in one of the examples. While doing so may have preserved the validity of the patents, it required reversal of the district court's infringement ruling.

The Angiomax Patents At Issue

The patents at issue were U.S. Patent No. 7,582,727 and U.S. Patent No. 7,598,343, which are Orange Book-listed patents for Angiomax® (bivalirudin), which is "used to prevent blood clotting in patients undergoing cardiac catheterization." These are the same patents almost lost to the on-sale bar, as discussed in this article and this article. Claim 1 of the '727 patent recites:

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