Often
in writing applications there is a tendency to denigrate prior art
techniques. This is not risk free as the patentee in Nuvo
Pharmaceuticals (Ireland) v. Dr. Reddy's Laboratories,
Inc. (Fed. Cir. May 15, 2019) discovered.
The
issue involved whether the claims of U.S. Patent 6,926,907
('907) and 8,557,285 ('285) had an adequate written
description of the claimed subject matter even though the claim
language found support in patent as filed. The '285 patent
was a C-I-P of the '907 patent but in the aspects important to
the case shared the same problem. The '285 claim 1 is
representative of the claims at issue:
1. A pharmaceutical composition in
unit dosage form comprising therapeutically effective amounts
of:
