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Federal Circuit’s "Philips" Ruling Key To Drug Patent Ruling

Law360 (August 29, 2005, 12:00 AM EDT) -- The Federal Circuit’s recent en banc ruling on claim construction in Philips v AWH Corp. provided precedent in a Markman decision earlier this month, with the court favoring a French inventor’s claim construction over that of New Jersey-based pharmaceutical company Scherer Corp.

The current suit against Scherer was brought by Dr. Laurence Paris and her Swiss licensing partner Interpharm Development SA in 2002, asserting a patent for a variation of pharmaceutical capsules without the animal byproduct gelatin.

Paris and Scherer began licensing talks on the product...
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