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ARTICLE · 17 AUGUST 2020

When Half A Glass Is An Empty Glass

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Holding: In IBSA Institut Biochimique, S.A. v. Teva Pharms. USA, Inc., --F.3d__ (Fed. Cir. July 31, 2020), the U.S. Court of Appeals for the Federal Circuit

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Amanda Murphy
Amanda Murphy
Stacy Lewis
Stacy Lewis
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Holding: In IBSA Institut Biochimique, S.A. v. Teva Pharms. USA, Inc., --F.3d__ (Fed. Cir. July 31, 2020), the U.S. Court of Appeals for the Federal Circuit (Judges PROST, Reyna, and Hughes) affirmed the district court's decision that certain IBSA's claims were invalid as indefinite.

Background: IBSA's U.S. Pat. 7,723,390, claim 1, reads: A pharmaceutical composition comprising thyroid hormones or their sodium salts in the form of either:

  1. a) a soft elastic capsule consisting of a shell of gelatin material containing a liquid or half-liquid inner phase ..., said liquid or half-liquid inner phase being in direct contact with said shell without any interposed layers, or
  2. b) a swallowable uniform soft-gel matrix .... (emphasis added.)

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