Nuvo Pharmaceuticals (Ireland) Designated Activity Company, et al. v. Dr. Reddy's Laboratories Inc., et al.
Patent JusticiabilityDoctri
Whether the Federal Circuit erred by holding that, whenever the prior art teaches away from a pharmaceutical composition, the written description of a patent claiming that composition can satisfy 35 U.S.C. § 112 only if it discloses either experimental data proving efficacy or a detailed theory of why the composition works sufficient to show that it would be effective
QUESTION PRESENTED Whether the Federal Circuit erred by holding that, whenever the prior art teaches away from a pharmaceutical composition, the written description of a patent claiming that composition can satisfy 35 U.S.C. § 112 only if it discloses either experimental data proving efficacy or a detailed theory of why the composition works sufficient to show that it would be effective.