Alcon Research Ltd. v. Barr Labs., Inc.
Addressing the requirements for enablement and written
description, the U.S. Court of Appeals for the Federal Circuit
reversed a district court's ruling of patent invalidity,
finding that the patent's discussion of exemplary compositions
and procedures in the challenged written description could be used
to achieve the claimed invention. Alcon Research Ltd. v.
Barr Labs., Inc., Case Nos. 12-1340, -1341 (Fed. Cir., Mar.
18, 2014) (Lourie, J.).
Alcon developed a glaucoma and hypertension drug, Travatan
Z®. Barr Laboratories submitted an Abbreviated New Drug
Application (ANDA) to receive approval for an ophthalmic travoprost
solution as a generic for Travatan Z®. Thereafter, Alcon
sued Barr, asserting that the ANDA constituted an act of
infringement of its patents. The district court found that
Barr's ANDA product did not infringe Alcon's asserted
claims and that the asserted claims were invalid for lack of
enablement and
