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To embed, copy and paste the code into your website or blog: 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. ....
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