Challenging Therapeutics IP After Fed. Circ. Drink Can Ruling

By Vanessa Yen and Evan Diamond (February 3, 2021, 5:29 PM EST) -- The U.S. Court of Appeals for the Federal Circuit's Dec. 31 opinion in Ball Metal Beverage Container Corp. v. Crown Packaging Technology Inc.,[1] though nonprecedential, raises important considerations for pharmaceutical and biologics patents, a context in which patent challengers regularly allege the indefiniteness of measurement claim terms that describe pharmacologic or physicochemical properties of the invention....

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