[U.S.] November 2023, CAFC, Actelion v. Mylan, 85 F.4th 1167
Updated: 6 hours ago
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Article type: Case note
Category: United States
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First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-02-04 (Japan time). Full English translation.
[U.S.] November 2023, CAFC, Actelion v. Mylan, 85 F.4th 1167
The issue was construction of “a pH of 13 or higher.”
“A pH of 11 or higher” had been narrowed to secure nonobviousness.
Original judgment: “pH 13” encompasses 12.5–13.4.
This judgment: the prosecution history merely distinguished pH 12; extrinsic evidence is important.
⇒ On remand, the federal district court (1:20-cv-110, D.I. 239) construed the term as “a pH of 12.98 or higher” and found the limitation not satisfied.
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