"About" Patent Claim Construction: Par v. Hospira
By EsqSocial Corporation 15/04/21
The use of the word “about” in a patent claim as part of a numeric range might permit the patent holder to preclude competitor formulations falling outside the approximate range, as illustrated in a fairly recent decision Par Pharm., Inc. v. Hospira, Inc., 835 F. App'x 578 (Fed. Cir. 2020). Par sued Hospira for patent infringement after Hospira filed an ANDA seeking to market a generic version of Par’s Adrenalin® epinephrine injection. At issue was the scope of the patent claim listing the...
By: Harris Beach PLLC