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Journal of Intellectual Property Law & Practice Advance Access originally published online on October 11, 2006
Journal of Intellectual Property Law & Practice 2006 1(12):748-749; doi:10.1093/jiplp/jpl168
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Published by Oxford University Press. All rights reserved

Current Intelligence

Improper claim dependency invalidates US Lipitor patent

Duncan Bucknell
IP Strategy Consultant, www.DuncanBucknell.com

The US Court of Appeals for the Federal Circuit has confirmed that a patent claim may be invalidated for what was previously considered to be a minor technical defect: in essence, a dependent claim is invalid if it is not a subset of the claim from which it purports to depend. While Ranbaxy succeeded on this point, its generic Lipitor product was still held to have infringed Pfizer's enantiomer patent, which expires on 24 March 2010, with pediatric exclusivity.


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