Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc.

Case Number: CLB0175

Date: 03.31.2008

Citation: No. 2007-1223 (Fed. Cir. 2008)

Based on intrinsic evidence, the Federal Circuit affirms a district court claim construction decision in which the conjunction “and” is used to express mutually exclusive alternatives. Additionally, in view of evidence of unpredictability among alternative formulations, unexpected results, and objective indicia of nonobviousness, the Federal Circuit affirms the lower court finding of nonobviousness of a claimed compound.

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