Recent Federal Circuit decision leaves certain composition claims vulnerable
Last week, in a ruling that could be a boon to generic drug makers, the Federal Circuit invalidated claims covering the 0.3% concentration of Differin® (adapalene) acne gel as obvious. Galderma Labs. v. Tolmar, Inc. (Fed. Cir. Dec. 11, 2013). In doing so, the Federal Circuit set forth a potentially far-reaching rule: when a patent…