CAFC Orders Review of Extrinsic Evidence to Determine Proper Limit of Claimed pH Range
IP Watchdog
NOVEMBER 6, 2023
Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Actelion Pharmaceuticals Ltd. Mylan Pharmaceuticals Inc. The Federal Circuit remanded the case for further consideration of extrinsic evidence from chemistry textbooks to determine the proper meaning of the claim term “a pH of 13 or higher.”
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