Be Sure To Include Method Claims In A Pharma Product App
July 24, 2013, 12:55 PM EDT
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...