The most interesting part of this decision by the Fed. Cir. (No. 24- 1061, Aug. 13, 2024) is that the court was faced with an argument by Sun that Allergan’s claims in U.S. Pat. No.11,311,516 et al. are invalid as failing to meet the WDR of § 112. Sun argued that the claims of certain of Allergan’s patent thicket were invalid because the specifications did not support a pharmaceutical composition containing the drug eluxadoline with a number of inert ingredients that did not include a “glidant.” In other words, Sun argued that there was no support for the absence of a glidant in any of the patent…
