SmithKline Beecham Corp. v. Apotex Corp.

Case Number: CLB0063

Date: 04.23.2004

Citation: 70 U.S.P.Q.2d 1737 (Fed. Cir. 2004)

Testing of claimed paroxetine hydrochloride (PHC) hemihydrate compound, designed to establish efficacy and safety of compound when used in antidepressant, was not experimental use, since antidepressant properties of compound are not claimed features of invention.

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claim construction Clinical Trials Commercially Significant Amount Experimental Use/Testing – related to explicit or inherent claim features Indefiniteness Policy Considerations Public Use Bar Trace Amount Undetectable Amount
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