Federal Circuit: The Term 'Clinically Proven Effective' Amount Does Not Impart Patentability Over Prior Art for Claims That Also Recite Specific Numerical Dosages

September 25, 2025Federal Circuit, Patent Litigation, Prior Art, Patent Law

In considering claims to a method of reducing cardiovascular events, the Federal Circuit held that the term a “clinically proven effective” amount did not render the claims patentable over the prior art. Specifically, the Federal Circuit held that the “clinically proven effective” amount, whether limiting or not, could not be used to distinguish the prior art because the claims also specified the exact amount of the drugs to be administered in the method. The Federal Circuit also rejected patentee’s evidence of unexpected results because that evidence was tied solely to the “clinically proven effective” limitation.

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