Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc.
Endo’s patent, entitled “Method of treating pain utilizing controlled release oxymorphone pharmaceutical compositions and instruction on dosing for renal impairment,” covers a method of using oxymorphone to treat pain in patients with impaired kidney function. Controlled-release dosage forms that maintain optimal levels of pain relief for longer periods are useful to patients and clinicians. Patients’ pain relief levels can be impacted by the way their body processes oxymorphone. The inventor discovered that patients with moderately or severely impaired kidney function need less oxymorphone than usual to achieve a similar level of pain management. The Federal Circuit reversed the district court’s conclusion that the claims were patent-ineligible under 35 U.S.C. 101. The district court incorrectly concluded that the claims at issue are directed to a natural law. The claims prescribe a regimen for specific patients, using a specific compound at specific doses to achieve a specific outcome. Claiming a new treatment for an ailment, albeit using a natural law, is not claiming the natural law. View "Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc." on Justia Law