Takeda Pharmaceutical Co. Ltd. v. Zydus Pharma USA,
Inc.
Addressing, among other things, where the upper limit of a
claimed range lies for claim construction, the U.S. Court of
Appeals for the Federal Circuit overturned a district court ruling
that a claimed range included a margin of error and that the
accused product met the claim recitation. Takeda
Pharmaceutical Co. Ltd. v. Zydus Pharma USA, Inc., Case No.
13-1406 (Fed. Cir., Feb. 20, 2014) (Prost, J.).
Takeda Pharmaceutical and several related entities own patents
claiming the formulation for the brand-name drug Prevacid®
SolutabTM, a proton-pump inhibitor sold as an orally disintegrable
tablet. The claimed formulation is directed to drug particles
small enough to avoid a feeling of roughness in a patient's
mouth upon ingestion. Zydus Pharmaceuticals received U.S.
Food and Drug Administration (FDA) approval for an Abbreviated New
Drug Application (ANDA) covering a similar formulation, prompting
Takeda to
