Pozen Inc. v. Par Pharmaceutical, Inc.: "Fuzzy" limitations and the doctrine of equivalents
Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector
Published online on December 18, 2013
Abstract
In Pozen Inc. v. Par Pharmaceutical, Inc., 696 F.3d 1151 (Fed. Cir. 2012), the Federal Circuit addressed the application of the doctrine of equivalents to ‘fuzzy’ claim limitations – i.e., claim limitations without set boundaries. The Federal Circuit found that even when the District Court has construed such limitations to have a definite meaning, the application of the doctrine of equivalents is not precluded. This case report presents the arguments made to the Federal Circuit by the parties and how the Federal Circuit addressed these issues.