This [case] highlights the complexity of claim construction law.

Many extended-release formulations use 'solubilizers', a term that both parties agree covers the use of three types of chemicals: surface-active agents; co-solvents; and complexations. AstraZeneca claims that its patent covers all three classes of solubilizer used in the formulation of felodipine, and therefore Mutual's drug — which uses a co-solvent — infringes the '081 patent. However, the Federal Court held that the '081 patent clearly describes the solubilizers as surface-active agents in several parts of the claim, and therefore sheds light on the proposed use of the claim.

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