Federal Circuit· 8/8/2012
Alcon Research, Ltd. v. Apotex Inc.
Citations
- 687 F.3d 1362
- 103 U.S.P.Q. 2d (BNA) 1737
- 2012 WL 3224040
- 2012 U.S. App. LEXIS 16503
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “the concentrations recited in the . . . patent’s dependent claims must necessarily meet claim 1’s limitations of therapeutically effective for treating allergic eye disease”
- holding a prior art reference disclosing a range of concentrations expressly disclosed a particular concentration within that range
- stating that the asserted claim language \does not impose any additional requirement because the [asserted patent] itself defines mast cell stabilization as a property that is necessarily present\
- noting that “a de- pendent claim narrows the claim from which it depends”
- relying on inherency where the claims recited “a property that is necessarily pre- sent” in the prior art
- analyzing inherency based on the disclo- sure of the “patent itself”
Source: CourtListener parenthetical corpus (CC0).
Judges: Prost, Moore, O'Malley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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