Eon makes capsules that contain cyclosporin suspended in ethanol, without the presence of water. Although Novartis accepts that Eon does not sell cyclosporin in the form of a hydrosol, it argued that when one of Eon's capsules is ingested, an infringing hydrosol is formed with the aqueous environment of the patient's stomach, and that Novartis's patent is infringed literally, as well as under the doctrine of equivalents (DOE) argument.

The two-judge majority looked at several dictionaries, first with regard to the meaning of 'hydrosol', and also 'solution' and 'medicinal'. The court agreed with the judgement of the Delaware district court that claim interpretation of 'hydrosol' did not include formation of the hydrosol in a patient's stomach after ingestion of a cyclosporin capsule. Both the specification, which repeatedly referred to the hydrosol as a 'pharmaceutical composition', and the prosecution history supported the court's interpretation. The DOE argument was also rejected because of the claimed requirement that the dispersion be prepared outside the body.

Enjoying our latest content?
Log in or create an account to continue

  • Access the most recent journalism from Nature's award-winning team
  • Explore the latest features & opinion covering groundbreaking research
Access through your institution

or

Sign in or create an account
Continue with Google
Continue with ORCiD