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ARTICLE · 01 MAY 2015

Claim Vitiation Does Not Foreclose The DOE

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Cadence Pharmaceuticals Inc. v. Exela PharmSci Inc., No. 14-1184 (Fed. Cir. Mar. 23, 2015), the Federal Circuit affirmed the district court’s claim construction, rulings of literal infringement...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In Cadence Pharmaceuticals Inc. v. Exela PharmSci Inc., No. 14-1184 (Fed. Cir. Mar. 23, 2015), the Federal Circuit affirmed the district court's claim construction, rulings of literal infringement and infringement under the DOE, and nonobviousness determination of the asserted claims.

SCR Pharmatop and Cadence Pharmaceuticals Inc. (collectively "Cadence") are the owner and exclusive licensee, respectively, of U.S. Patent Nos. 6,028,222 ("the '222 patent") and 6,992,218 ("the '218 patent"), which are directed to stable aqueous acetaminophen formulations.  Cadence markets an injectable acetaminophen product, which is approved by the FDA and is marketed under the name Ofirmev®.  The FDA's Approved Drug Products with Therapeutic Equivalence Evaluations ("Orange Book") lists the '222 and '218 patents as covering Ofirmev®.

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