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National Law Review
National Law Review
7/9/2026
Construing Claims to Fit the Brand

Construing Claims to Fit the Brand

Short summary

Federal Circuit upheld a patent claim construction in a pharmaceutical infringement case, ruling that drug components' full weight (including salt formulations) should be used when calculating therapeutic ratios. The decision favored the patent holder's interpretation, which preserved their commercial product within the patent scope.

  • Court affirmed that pharmaceutical salts count toward claimed weight ratios, not just active moieties
  • Decision prevents exclusion of patent holder's commercial drug (Nuedexta) from patent scope
  • Clarifies that ratio terms are not indefinite merely because different measurement methods apply to different formulations

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