The US Court of Appeals for the Federal Circuit affirmed the
district court's finding that the asserted patent claims were
invalid as indefinite because the meaning of the term
"half-liquid" was not reasonably clear from the record.
IBSA Institut Biochimique, S.A. v. Teva Pharms. USA, Inc.,
Case No. 19-2400 (Fed. Cir. July 31, 2020) (Prost, C.J.).
IBSA owns a patent directed to pharmaceutical formulations for
thyroid hormones that enable a safe and stable oral administration.
IBSA listed in the Orange Book the patent for
Tirosint®, a soft gel capsule formulation containing
the active ingredient levothyroxine sodium. Teva filed an
abbreviated new drug application to market a generic version of
Tirosint®, and IBSA responded by filing a lawsuit
for patent infringement against Teva.
