Anticipate This!™ | Patent and Trademark Law Blog

Pfizer, Inc., et al. v. Ranbaxy Laboratories, Limited, et al.

Posted in Opinion Commentary by Jake Ward on August 2, 2006

Claim Was Invalidated for Failure to Comply with Section 112, Paragraph 4.

(Fed. Cir. 2006, 06-1179)

The CAFC affirmed the finding of infringement of Pfizer’s U.S. Pat. No. 4,681,893 (the ‘893 patent) but reversed the district court’s ruling with respect to U.S. Pat. No. 5,273,995 (the ‘995 patent) and found Claim 6 of the ‘995 patent invalid.

The technology of the ‘995 patent is related to atorvastatin calcium, commonly known as the cholesterol-lowering drug Lipitor. The relevant ‘995 claims can be simply stated as follows:

          1.  Atorvastatin acid; or a atorvastatin lactone; or pharmaceutically acceptable salts thereof.

          2.  A compound of claim 1 which is atorvastatin acid.

          6.  The hemicalcium salt of the compound of claim 2.

As the district court noted, Claim 2 does not include pharmaceutically acceptable salts of atorvastatin acid.   Thus, Claim 6 did not properly incorporate subject matter by reference and specify a further limitation of Claim 2 as required by Section 112, paragraph 4,  However, the district court refused to invalidate the claim, citing that the defect was a matter of form and not substance.  In essence, the district court declined to find that the drafting problem was sufficient to render the claim invalid if read consistently with its meaning to those skilled in the art. 

The CAFC recognized that Claim 6 could have been properly drafted as dependent from Claim 1.  However, the CAFC also stated that courts “should not rewrite claims to preserve validity.”  As Claim 6 failed to specify a further limitation of the subject matter of Claim 2, Claim 6 was held invalid for failure to comply with section 112, paragraph 4. 

Applicants are required “to satisify certain requirements before obtaining a patent” and invalidating a claim for failure to comply with section 112, paragraph 4 “does not exalt form over substance.”

Billions and Billions.

Posted in General Commentary, Opinion Commentary by Jake Ward on August 2, 2006

The CAFC has recently ruled that one of Pfizer’s patents (U.S. Pat. No. 5,273,995) on Lipitor, the blockbuster cholesterol-lowering drug, is invalid.  It just so happens that this particular patent would have covered Lipitor for a full 15 months more than the basic patent for Lipitor.  The loss of this additional patent protection could result in the loss of billions of dollars in Lipitior sales.

According to this article, the opinion included a highly technical conclusion that focused on the issue of how to draft a patent.  Exciting!  I’ll brief the opinion in the following post, so stay tuned.

They Invented What? (No. 10)

Posted in They Invented What? by Jake Ward on August 2, 2006

U.S. Published Application No. 20060071122:  Full body teleportation system.


A pulsed gravitational wave wormhole generator system that teleports a human being through hyperspace from one location to another.


1. A full body teleportation system consisting of: generating a pulsed gravitational wave which propagates through a magnetic vortex wormhole generator; and generating a wormhole with the magnetic vortex generator whereby the pulsed gravitational wave traverses through the wormhole and enters into hyperspace where the wave is enormously magnified due to the lower speed of light in that dimension.

2. The method of claim 1, wherein the step of generating the pulsed gravitational wave comprises: using two granite stone obelisks; mounting monochromatic-wave toroidal waveguides on top of each obelisk to create a rotating, twisting, propagating gravitational wave through the vertical axis of each obelisk; and creating a cylindrical compression and expansion in each obelisk to produce a plane gravitational wave traveling down the centerline between the two obelisks.

3. The method of claim 1, wherein the step of generating a wormhole into hyperspace comprises: using two concentric cylindrical solenoidal coils of different radii connected by a single wire wrapped in opposite directions on thin iron transformer laminate; generating bucking electric fields down the centerline of the vortex generator which creates a spacetime curvature distortion with negative energy in accordance with Einstein’s General Theory of Relativity.

4. A teleportation system comprising: generating a gravitational wave traveling through hyperspace which interacts with the human energy being; and pulling the human energy being and physical body out of dimension when interacting with the pulsed gravitational wave such that the person is teleported from one location to another through hyperspace and back again into our 4D spacetime dimension.