Update on Claim Interpretation from the Courts
In another precedential opinion, the Federal Circuit Court of Appeals continued its focus on defining claim term meanings in light of the specification and prosecution history.[i] At issue was Auerbach, et al. (U.S. Pat. 8,822,438), which involves the use of a CYP17 enzyme inhibitor with an anticancer or steroid to treat prostate or breast cancer.[ii] Notably, the patent provides using the anti-androgen abitraterone acetate, seen below, and prednisone.[iii]
Abitraterone acetate is an oral anti-androgen used in prostate cancer treatment, designed to inhibit enzymes involved in androgen steroid synthesis.[iv] The patent was asserted against Amneal Pharmaceuticals LLC, Dr. Reddy’s Labs, Inc., Wockhardt Bio AG, Mylan Pharmaceuticals Inc., and more.[v] Pat. ‘438 was challenged, via Inter Partes Review and through litigation, as obvious. Read More