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Federal Circuit Affirms Non-Infringement Ruling in Lidocaine Patch Patent Dispute Over ZTlido Generic
['Rose Esfandiari']
IPWatchdog.com | Patents & Intellectual Property Law
“The Federal Circuit opinion stated that ‘n-heptane, either alone or in combination with any other component, is not equivalent to the claimed dissolving agent.’”
The patents cover non-aqueous lidocaine patch compositions and methods of using them.
It also states that the invention combines lidocaine and the dissolving agent to produce a patch in which the lidocaine is completely dissolved.
On that basis, the court found the prosecution history provided further support for reading “dissolving agent” as requiring the dissolving function.
The opinion stated that “n-heptane, either alone or in combination with any other component, is not equivalent to the claimed ‘dissolving agent.’”