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« Federal Circuit Hears Oral Argument in Plavix Case | Main | Apotex Sues FDA Over Decision on Generic Zofran, Challenging FDA's Interpretation of "Court Decision" Trigger Again »

November 09, 2006



How do you draft a process claim with a "commercial finality" element? (See last sentence of the decision before the Conclusion section). How do you make it sound like a claim limitation rather than a "whereby" clause?


I have some doubts referring to this case. I can notice that the '176 patent is invalid by very clear reasons. However there is no mention regarding to the continuation patents of the same.
Considering that the original patent is clearly invalid how do the court used to interpret the validity of the subsequent patents (continuations)? Are they automatically invalid, too?


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