Journal Article

Improper claim dependency invalidates US Lipitor patent

Duncan Bucknell

in Journal of Intellectual Property Law & Practice

Volume 1, issue 12, pages 748-749
Published in print November 2006 | ISSN: 1747-1532
Published online October 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpl168
Improper claim dependency invalidates US Lipitor patent

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The US Court of Appeals for the Federal Circuit has confirmed that a patent claim may be invalidated for what was previously considered to be a minor technical defect: in essence, a dependent claim is invalid if it is not a subset of the claim from which it purports to depend. While Ranbaxy succeeded on this point, its generic Lipitor product was still held to have infringed Pfizer's enantiomer patent, which expires on 24 March 2010, with pediatric exclusivity.

Journal Article.  716 words. 

Subjects: Arbitration ; Intellectual Property Law

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