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ARTICLE · 31 MARCH 2014

Mere Possibility Of Different Results From Different Measurement Techniques To Determine A Claimed Value Does Not Render A Claim Indefinite

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The Federal Circuit affirmed the district court’s finding that the ’994 patent was not invalid, and reversed the district court’s finding of infringement.

United StatesIntellectual Property
Kimberly Braslow
Kimberly Braslow
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In Takeda Pharmaceutical Co. v. Zydus Pharmaceuticals USA, Inc., No. 13-1406 (Fed. Cir. Feb. 20, 2014), the Federal Circuit affirmed the district court's finding that U.S. Patent No. 6,328,994 ("the '994 patent") was not invalid, and reversed the district court's finding of infringement.

Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals North America, Inc., Takeda Pharmaceuticals LLC, Takeda Pharmaceuticals America, Inc., and Ethypharm, S.A. (collectively "Takeda") own patents claiming the formulation of Prevacid® SoluTab".  When Zydus Pharmaceuticals USA, Inc. and Cadila Healthcare Limited (collectively "Zydus") filed an ANDA with the FDA seeking to manufacture a generic version of Prevacid® SoluTab", Takeda filed suit, alleging that Zydus's product infringed claim 1 of the '994 patent.  Zydus counterclaimed that claim 1 was invalid under 35 U.S.C. § 112.  Claim 1 of the '994 patent encompasses orally disintegrable tablets comprising lansoprazole, the

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