EcoFactor, Inc. is the holder of U.S. Patent No. 8,498,753, titled “System, Method and Apparatus for Just-In-Time Conditioning Using a Thermostat,” which focuses on optimizing climate.
Section 102 of the Patent Act holds that an invention may not be patented if it was in public use before the effective filing date of the patented invention. The public use bar to.
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The use of the word “about” in a patent claim as part of a numeric range might permit the patent holder to preclude competitor formulations falling outside the approximate range, as illustrated in a fairly recent decision
Par Pharm., Inc. v. Hospira, Inc., 835 F. App x 578 (Fed. Cir. 2020). Par sued Hospira for patent infringement after Hospira filed an ANDA seeking to market a generic version of Par’s Adrenalin
® epinephrine injection. At issue was the scope of the patent claim listing the
approximate amounts of tonicity, chelating, and pH lowering agents added to the epinephrine formulation for stability.