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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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.