Senju Pharma. Co. Ltd. v. Lupin Ltd.,
(D.N.J. November 18, 2015)
Applying the Supreme Court of the United States' new
indefiniteness standard from Nautilus v. Biosig, the U.S.
District Court for the District of New Jersey held three claim
terms in a patent on a stabilized, opthalmic nonsteroidal
anti-inflammatory drug (NSAID) not invalid for indefiniteness.
Senju Pharma. Co. Ltd. v. Lupin Ltd., 2015 Markman 7302183
(D.N.J. 2015) (Simandle, C.J.). The court also construed the
transitional phrase "consisting essentially of" as it
relates to the addition of unclaimed active ingredients to a
pharmaceutical formulation patent.
The case centered on a patent for bromfenac, an NSAID sold in
eye-drop form for relieving pain and swelling associated with
cataract surgery. In particular, this patent claimed a formulation
of bromfenac that included a stabilizing surfactant, tyloxapol. The
Markman hearing involved the construction of four claim
terms: "in an amount sufficient
