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In a recent court ruling, the U.S. Court of Appeals for the Federal Circuit (CAFC) denied a petition to rehear arguments regarding the invalidity of patent claims containing the phrase ‘consisting entirely of‘.
As described by Patently-O and IP Watchdog, the indefiniteness of claims containing ‘consisting entirely of‘ fails to satisfy the requirement that a person of ordinary skill in the art should be able to practice the invention.
Using DrugPatentWatch’s patent claim search feature, there are 244 drug patents containing the phrase ‘consisting essentially of’.
It will be interesting to watch these patents and see if they become the targets of invalidity challenges.