Article
Federal Circuit Affirms No Infringement in Pharmaceutical Patent Dispute Over pH Measurement Conditions For Epoprostenol Composition
The Federal Circuit's recent decision in Actelion Pharmaceuticals Ltd v. Mylan Pharmaceuticals Inc. examines critical questions about how pH measurements in pharmaceutical patent claims should be interpreted and applied. The court's analysis addresses whether pH should be measured at standard laboratory temperature or at the actual operating temperature during manufacturing, with significant implications for both literal infringement and doctrine of equivalents theories.
A&O Shearman