HZNP Finance Limited, et al. v. Actavis Laboratories UT, Inc.
Antitrust Patent JusticiabilityDoctri
Whether the 'basic and novel properties' identified in connection with a patent claim's transitional phrase 'consisting essentially of' must independently satisfy the requirements of 35 U.S.C. § 112, § 2, of the Patent Act, and the accompanying 'reasonable certainty' standard set forth in Nautilus, Inc. v. Biosig Instruments Inc., 134 S. Ct. 2120 (2014)
QUESTION PRESENTED Whether the “basic and novel properties” identified in connection with a patent claim’s transitional phrase “consisting essentially of’ must independently satisfy the requirements of 35 U.S.C. § 112, § 2, of the Patent Act, and the accompanying “reasonable certainty” standard set forth in Nautilus, Inc. v. Biosig Instruments Inc., 134 S. Ct. 2120 (2014). i