Be Sure To Include Method Claims In A Pharma Product App

Law360, New York (July 24, 2013, 12:55 PM EDT) -- On May 1, 2013, the Federal Circuit found composition claims, but not a method of use claim, obvious in Allergan's Orange Book-listed patents for Combigan (a combination eye-drop product used for treating glaucoma). Allergan Inc. v. Sandoz Inc., 2011-1619, -1620, -1635, -1639. The inconsistent obviousness determination between the composition claims and the method claim in this case is difficult to reconcile.

Nevertheless, in view of this decision, an applicant may consider including method claims that explicitly recite an unexpected property of a pharmaceutical product, similar to...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.