Claim Term ‘Target’ Held Indefinite Because Inanimate Object Cannot Set a Goal
By EsqSocial Corporation 21/04/21
In Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc.,1 the Federal Circuit held that the claim language “the AM and PM unit dose forms further target a mean % time” as indefinite because the phrase was incomprehensible. The court held that a dose form, which is an inanimate object, cannot set a goal and that the correct interpretation, even though nonsensical, did not justify the judicial redrafting of the claims....
By: Manatt, Phelps & Phillips, LLP