ZANTAC BEST MODE CLAIM IS "LIVE ISSUE" IN PATENT INFRINGEMENT APPEAL
Executive Summary
ZANTAC BEST MODE CLAIM IS "LIVE ISSUE" IN PATENT INFRINGEMENT APPEAL, D.C. Circuit Court Judge Raymond Clevenger said during April 11 oral arguments in the dispute between Glaxo and Novopharm. The patent challenger, Novopharm, claims that a lower court finding that isolated the patent inventor from the drug formulators was erroneous. Clevenger stated: "It strikes me as strange that the person that prepares the application can set down the best mode contemplated by the inventor without ever asking the inventor what the best mode contemplated is."
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