Review and Analysis of Pfizer, Inc. V. Ranbaxy Laboratories Limited

Review and Analysis of Pfizer, Inc. v. Ranbaxy Laboratories Limited, F. 3d 1284; 2006

U. S. App. LEXIS 19416; 79 USPQ2d 1583 (Fed. Cir. August 2, 2006)

In Pfizer, Inc. v. Ranbaxy Laboratories Limited, F. 3d 1284; 2006 U. S. App. LEXIS 19416; 79 USPQ2d 1583 (Fed. Cir. August 2, 2006), the CAFC held patent claim 6 invalid under the fourth paragraph of 35 USC 112 for failing to further limit the claim from which it depends.

Claim 1 reads as follows: “1. [R-(R*,R*)]-2-(4-fluorophenyl)-[beta],[delta]-dihydroxy-5-(1-methylethyl)-3-phenyl-4-[(phenyla mino)-carbonyl]-1H-pyrrole-1-heptanoic acid n4 or (2R-trans)-5-(4-fluorophenyl)-2-(1-methylethyl)-N,4-diphenyl-1-[2-(tetrahydro-4-hydroxy-6-oxo -2H-pyran-2-yl)ethyl]-1H-pyrrole-3-carboxamide; n5 or pharmaceutically acceptable salts thereof. “

Claim 2 reads as follows: “2. A compound of claim 1 which is [R-(R*R*)]-2-(4-fluorophenyl)-

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