By Dani Kass (February 7, 2022, 7:51 PM EST) -- A split Federal Circuit decision giving Mylan a second chance to invalidate AstraZeneca inhaler patents "sows confusion" about how numbers should be read in patents, the Pharmaceutical Research and Manufacturers of America said in a bid to have the case reheard.
The pharmaceutical industry trade group on Friday filed an amicus brief supporting AstraZeneca's petition for rehearing by the panel or full court, arguing the court's Dec. 8 decision "effectively rewrote" the "0.0010%" concentration of an inactive ingredient claimed in the patents to "0.001%." The latter allows a range of percentages, while the former is more narrow.
"By effectively sidelining the...
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