Thursday, January 22, 2009

Process of Instructing Patients on Administration of Drug Unpatentable Under In re Bilski

Where an independent claim had been found invalid, a dependent claim which added the step of "informing the patient that administration of metaxalone with food results in an increase in Cmax and AUC(last) of metaxalone compared to administration without food" was unpatentable under In re Bilski, 545 F.3d 943 (Fed. Cir. 2008), because "the act of informing another person of the food effect of metaxalone does not transform the metaxalone into a different state or thing."

King Pharmaceuticals, Inc. v. EON Labs, Inc., 1-04-cv-05540 (January 20, 2009, Memorandum & Order)

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