Pharmacie française en ligne: Acheter des antibiotiques sans ordonnance en ligne prix bas et Livraison rapide.
Are Often Required
to Preserve an
the case of Schering v. Geneva wherein the
BY PATRICK H. HIGGINS OF FOX ROTHSCHILD LLP
court held that a patent claim which struc-
structural terms in Smithkline Beecham v.
turally described a metabolite of loratadine
Apotex, Fed. Cir., 03-1285,-1313, decided
and hence invalid. 339 F.3d 1373 (Fed. Cir.
cially (PAXIL®), reads “Crystalline paroxe-
ratadine, is formed in the patient’s body
claim would theoretically have precluded,
produced as an anhydrate. The court prop-
erly construed the subject claim to encom-
loratadine, the subject matter of the claim
pass, without limitation, a crystal form of
was found to be anticipated, i.e., “that which
paroxetine hydrochloride that contains one
Patrick’s practice is in the evaluation of
would literally infringe if later in time antic-
molecule of bound water for every two mol-
legal risk in the pharmaceutical industry,
ipates if earlier,” Schering citing Bristol-
the strategic positioning of discovery assets,
Myers Squibb Co. v. Ben Venue Labs., Inc.,
opinion work, and ANDA litigation.
246 F.3d 1368, 1378 (Fed. Cir. 2001).
The risk is always present, however, that
properties and was discovered at about the
roduct ‘life-cycle planning’ has a blockbuster active pharmaceutical ingre- time of the application for patent, the court
dient now claimed structurally, for exam-
found that the structure had necessarily pre-
viously existed, even if only in a de minimus
ceutical industry. Life-cycle planning gen-
earlier, or to exist naturally. A variety of
amount, resulting from the synthesis of the
diverse claims, nevertheless, can usually
drug-discovery assets by ‘data exclusivity’
be drafted by an experienced practitioner to
Circuit fundamentally held that the superior
of next generation ther-
exclusive market for next-generation compo-
apeutics, for example, to preserve market
due to the fact that it existed, even though it
sitions. ‘Next-generation’ products include,
exclusivity even if the active entity, unbe-
may not have been previously detectable.
knownst to the public or the inventor at the
time of the invention, previously existed.
that, to reduce the risk to key elements of a
As is necessary in the field of biochemistry,
life-cycle planning portfolio due to a de jour
for instance, valid claims drawn to recently
Novelty, per se
, is a paramount require-
carefully drawn to leverage the value of dis-
ment for patentability. Under Title 35 of the
the subject matter in a manner that does not
covery assets, even in reissue applications.
United States Code whoever invents or dis-
As succinctly stated in Exxon, Inc. v.
Lubrizol Corp., “we are not free to read the
matter, or any new and useful improvement
terms such as “isolated”, “purified”,
thereof, may obtain a patent thereof. Patent
and/or “comprising … in a pharmaceuti-
even if as drafted they do not accomplish
claims, to be valid and enforceable, funda-
caly-acceptable carrier”, as well as care-
what the inventor may have intended.” 64
mentally, cannot describe anything that has
fully composed product-by-process claims,
F.3d 1553, (Fed. Cir. 1995), cert. denied.
previously existed, regardless of whether it
in many cases provide valuable protection,
116 S. Ct. 2554 (1996). IPT
to exist. This clarification of the
recently decided by the Federal Circuit in
Federal Circuit has again dealt the conse-
Thrombosis Research (2005) 116, 465 — 470Effect of increasing doses of aspirin on plateletfunction as measured by PFA-100 in patients withdiabetesAdnan Abacia,T, Yucel Yilmazb, Mustafa Caliskanb, Fahri Bayramc,Mustafa Cetind, Ali Unald, Servet CetinbaDepartment of Cardiology, Gazi University School of Medicine, Ankara 06550, TurkeybDepartment of Cardiology, Erciyes University School of Me
DE L'ÉDUCATION NATIONALE, DE LA RECHERCHE ET DE LA TECHNOLOGIE NUMÉRO H O R S - S É R I E ● PROTOCOLE NAT I O N A L SUR L’O R G A N I S ATION DES SOINS ET DES URGENCES DANS LES ÉCOLES ET LES ÉTABLISSEMENTS PUBLICS LOCAUX D’ENSEIGNEMENT (EPLE) HORS-SÉRIE O R G A N I S ATION DES SOINS ET DES URGENCES Note à l’attention de mesdames et messieurs les r