Patent Ruling Turns an ‘About’ Face

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he meaning of the word “of” when used in a patent? The Federal Circuit Court of Appeals that deal elusive question in a recent dispute between two pharmaceutical manufacturers and expert testimony of great help to find the answer.

But while the court has accepted the advice of experts on the meaning of “approximately” used in the patent, it appeared an about-face and rejected their testimony as to the ultimate question of infringement.

Ortho-McNeil Pharmaceutical brought the lawsuit against the manufacturer of generic drugs-Caraco Pharmaceutical Laboratories, alleging infringement of its U.S. Patent No. 5,336,691. Ortho patent covered a painkiller composed of two well-known analgesics, tramadol and acetaminophen.

The patent has shown that when combined in certain ratios the effects of both drugs were increased. Involved in this case was the claim of the patent No. 6, which involved a composition where the ratio of the material to acetaminophen is tramadol a weight of about 1:5. “

Ortho continued after Caraco filed an application for abbreviated new drug to disclose its plan to manufacture and sell his own composition containing tramadol and acetaminophen. Caraco said the medicine had an average ratio of tramadol to acetaminophen of 1:8.67 and no less than 1:7.5. Ortho Caraco argued that the drug would infringe its patent.

The district court granted the summary trial and Ortho appealed to the Federal Circuit. Both the district court and on appeal, the case focused on the construction of the term “about 1:5.” Ortho argued that covered a radius of at least 1:3.6 to 1:7.1, and that, under the doctrine of equivalents, the wording of Caraco infringed. Caraco argued for a restrictive interpretation.

The district court adopted the construction asserted by Ortho, the “about 1:5″ means “approximately 1:5, encompassing a range of ratios of no more than 1:3.6 to 1:7.1.” He came to this conclusion relying in part on the intrinsic evidence of the application and the specification and in part to the extrinsic evidence of Ortho experts, Dr. Donald R. Stanski and Dr. Eric Smith. The two experts gave the Notice that one of ordinary skill in the art to conclude that “about 1:5″ limitation include a series of reports that would extend to include and 1:7.1.

The Federal Circuit upheld that construction. As the district court, he found support for this construction as in the claim itself and the testimony of the expert Ortho, Dr. Stanski. “Dr. Stanski has estimated that” about 1:5 “means” about 1:5, which includes up to and including 1:7.1 “, noted the court.

Caraco Accepting this construction means that the product did not literally infringe Ortho patent. Ortho patent covered a maximum ratio of 1:7.1, while Caraco started 1:7.5. The question, therefore, became Caraco if the drug under the violation of the doctrine of equivalents.

Building on its experts, Ortho said it did. One expert, Dr. Stanski, said that the weight of 1:8.76 is substantially similar to a weight ratio of 1:5. Another expert, Dr. Smith said in its report that the “degree of synergy of a composition with a weight of tramadol to acetaminophen of 1:5 is identical to the measure of the synergy of a composition with a weight of tramadol to acetaminophen of 1:8.67.

But the district court agreed. It concluded that a finding of infringement by a formulation with an average weight of 1:8.67 would render meaningless “about 1:5″ limitation.

The Federal Circuit affirmed, finding that the 1:5 critical parameter for the invention. Stretching the limits of this parameter Caraco to cover the drug would be in direct conflict with the patent for the express both the claim of 1:1 and 1:5 ratios, the court said.

“In this case, if the ratio of 1:5 of the analgesic response is statistically different from that of other ratios any time,” the court said. “The intrinsic evidence points to the desirability and thus the criticality of the ratio of 1:5 compared to other ratios.”

“Ortho can not now claim that the parameter is sufficiently broad to encompass, through the doctrine of equivalents, the rate outside the confidence interval expressly identified in the patent,” continued the court. “We agree with the district court that eviscerate the limitation.”

For these reasons, the court said, he concluded that the drug Caraco does not infringe Ortho’s patent and that the district court properly granted a summary of non-infringement.

Ortho-McNeil Pharmaceutical, Inc. v. Caraco Pharmaceutical Laboratories, Ltd., Case No. 06-1102 (Fed. Cir. January 19, 2007).

Written by Robert Ambrogi for Bullseye, IMS Expert Services Publication

Robert Ambrogi is the editor of Bullseye, a monthly newsletter distributed by IMS Expert Services. IMS Expert Services is the first expert witness consulting and litigation research firm in the legal industry, focused exclusively on providing custom expert witness in search of lawyers.

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categoriaPain Relief commentoNo Comments dataAugust 14th, 2009
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Eliminate Migraine Headache Pain in Just Minutes Using a Safe Natural Migraine Cure

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Do you suffer from agonizing migraines on a regular basis? Is the treatment you are using safe, effective, and affordable? If you answered no to either of these questions, you owe it to yourself to read on and learn more about my safe natural migraine cure.

Migraine headaches are among the most serious and painful type of headaches. They are usually described as an intense, throbbing or pounding pain that involves your temple, forehead, around the eyes, or the back of the head. They can also be accompanied by flashing, brightly colored lights in a zigzag pattern usually starting in the middle of the visual field and progressing outward and can also include abnormal tastes and smells. Severe migraines can last for several days, but using my safe natural migraine cure, you can easily eliminate migraine pain in a matter of minutes.

Migraines are caused by the enlargement of blood vessels and the release of chemicals from nerve fibers that coil around these blood vessels. As your blood vessels enlarge, the nerves surrounding them stretch. This stretching action causes the nerves to release chemicals. These chemicals cause inflammation, pain, and further enlargement of the artery, which intensifies the pain.

About 10% of the world’s population suffers from migraine headaches. And this serious problem is largely under-treated and, in most sufferers, undiagnosed. In fact, less than half of migraine headache sufferers are diagnosed by their doctors.

For most individuals, the first course of treatment for migraines is an over-the-counter pain reliever like acetaminophen or ibuprofen, among others. Your doctor can also prescribe other medications like triptans to relieve the pain from migraine headaches. But these remedies only treat the symptoms of migraines; that is, they are only effective once the pain begins. And most of these treatments can have very serious side effects, you are much better off using a natural migraine cure.

Using traditional migraine remedies on an ongoing basis can also be very expensive. And, they only mask your headache symptoms. They do nothing to eliminate the cause of your headaches. Using these traditional treatments, your headaches will return again and again! On the other hand, my natural migraine cure works in just minutes and will eliminate migraines from your life forever.

Alternative holistic medical approaches can also be effective for some migraine sufferers. Of course, you should discuss these alternative approaches with your doctor before trying any of these treatments.

If you suffer from painful migraines, you owe it to yourself to check out my natural migraine cure. It gets rid of migraine pain in just minutes and it eliminates them forever. For more information on this revolutionary, safe treatment; go to Natural Migraine Cure!



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categoriaHeadache commentoNo Comments dataAugust 7th, 2009
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Effective Medications for Chronic Pain Relief

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Chronic pain can prove to be bad experience for those who are enduring it. However, one doesn’t require to live with this condition any more. Fortunately, there are medicines for beating chronic pain.

These medicines may have certain side effects. However, if you get in touch with an experienced health care practitioner, you can get the best possible medicines that would suit your medical or health condition.

Listen to your doctor pharmacist carefully prior to deciding on a particular medication. This will help you in staying away from any serious side effects that result from taking these medicines

Here are certain effective medicines usually prescribed for treating chronic pain:

a) Acetaminophen

The medicine treats chronic pain. The brand name for this medication is Tylenol. You should remember that most over-the-counter and prescription pain medicines contain good amount of acetaminophen in them.

Hence, you need to be extra careful when taking pain relief medicines for chronic pain. Overdose of acetaminophen can result in liver damage. In case, you are taking more than 2 acetaminophen pills a day, you need to tell your doctor.

b) Non steroidal anti-inflammatory drugs

These drugs are said to be really effective in treating chronic pain. These medicines can be taken as soon as you feel the need to. When taken regularly these medicines tend to build up into blood and then combat the pain caused due to inflammation or swelling.

Certain medicines are also available in low-dose and can be taken without any prescription. If your doctor prescribes you to take non-steroidal anti-inflammatory drug, make sure that you take these with milk or food. This will curb the side effects related to stomach.

Taking other pain relief medicines in conjunction with NSAIDs is an absolute no-no. In case, you want to take a different pain killer, you should consult your doctor.

c) Narcotics

These relieve chronic pain. However, these can be addictive. Hence, you must consult your family doctor prior to taking them. Narcotics are the best option for people who are suffering from severe chronic pain.

These drugs need to be an integral part of their treatment. Make sure that you tell your doctor about any kind of inconvenience you experience when taking this medicine. These doctors also cause constipation or difficulty in having bowel movements.

In case, you are on narcotics you must drink at least six to eight glasses of water on a daily basis. Also eat 3 to 5 serving of vegetables and 2 to 4 serving of fresh fruits on a daily basis. Inform your doctor about constipation. He or she may provide you with some laxatives to treat it.

d) Anti-depressants

e) Tricyclic anti-depressants or Duluxetine can be used to treat chronic pain.

f) Capsaicin

It is a naturally occupy substance found in chilli pepper. It is used to make certain topical analgesic creams. This drug changes the pain signals in the skin. It blocks pain without blocking other sensation. This medicine will also cause a burning sensation when first applied. You need to wear gloves when applying this medicine.



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categoriaPain Relief commentoNo Comments dataJuly 23rd, 2009
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What you should know before you take Butalbital

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Allergies

Tell your doctor if you have ever had any unusual or allergic reaction to medicines in this group or any other medicines. Also tell your health care professional if you have any other types of allergies, such as to foods dyes, preservatives, or animals. For non-prescription products, read the label or package ingredients carefully.

Pediatric

For butalbital:

  • Although barbiturates such as butalbital often cause drowsiness, some children become excited after taking them.

For acetaminophen:

  • Acetaminophen has been tested in children and, in effective doses, has not been shown to cause different side effects or problems than it does in adults.

For caffeine:

  • There is no specific information comparing use of caffeine in children up to 12 years of age with use in other age groups. However, caffeine is not expected to cause different side effects or problems in children than it does in adults.

Geriatric

For butalbital:

  • Certain side effects, such as confusion, excitement, or mental depression, may be especially likely to occur in elderly patients, who are usually more sensitive than younger adults to the effects of the butalbital in this combination medicine.

For acetaminophen:

  • Acetaminophen has been tested and has not been shown to cause different side effects or problems in older people than it does in younger adults.

For caffeine:

  • Many medicines have not been studied specifically in older people. Therefore, it may not be known whether they work exactly the same way they do in younger adults or if they cause different side effects or problems in older people. There is no specific information comparing use of caffeine in the elderly with use in other age groups.

Pregnancy

For butalbital:

  • Barbiturates such as butalbital have been shown to increase the chance of birth defects in humans. Also, one study in humans has suggested that barbiturates taken during pregnancy may increase the chance of brain tumors in the baby.
  • Butalbital may cause breathing problems in the newborn baby if taken just before or during delivery.

For acetaminophen:

  • Although studies on birth defects with acetaminophen have not been done in pregnant women, it has not been reported to cause birth defects or other problems.

For caffeine:

  • Studies in humans have not shown that caffeine (contained in some of these combination medicines) causes birth defects. However, use of large amounts of caffeine during pregnancy may cause problems with the heart rhythm and the growth of the fetus. Also, studies in animals have shown that caffeine causes birth defects when given in very large doses (amounts equal to those present in 12 to 24 cups of coffee a day).

Breastfeeding

For butalbital:

  • Barbiturates such as butalbital pass into the breast milk and may cause drowsiness, unusually slow heartbeat, shortness of breath, or troubled breathing in nursing babies.

For acetaminophen:

  • Although acetaminophen has not been shown to cause problems in nursing babies, it passes into the breast milk in small amounts.

For caffeine:

  • Caffeine (present in some butalbital and acetaminophen combinations) passes into the breast milk in small amounts. Taking caffeine in the amounts present in these medicines has not been shown to cause problems in nursing babies. However, studies have shown that nursing babies may appear jittery and have trouble in sleeping when their mothers drink large amounts of caffeine-containing beverages. Therefore, breast-feeding mothers who use caffeine-containing medicines should probably limit the amount of caffeine they take in from other medicines or from beverages.

Drug Interactions

Using medicines in this class with any of the following medicines is usually not recommended, but may be required in some cases. If both medicines are prescribed together, your doctor may change the dose or how often you use one or both of the medicines.

  • Adinazolam
  • Alfentanil
  • Alprazolam
  • Amobarbital
  • Anileridine
  • Anisindione
  • Aprobarbital
  • Bromazepam
  • Brotizolam
  • Butabarbital
  • Butalbital
  • Carisoprodol
  • Chloral Hydrate
  • Chlordiazepoxide
  • Chlorzoxazone
  • Clobazam
  • Clonazepam
  • Clorazepate
  • Codeine
  • Dantrolene
  • Diazepam
  • Dicumarol
  • Estazolam
  • Ethchlorvynol
  • Fentanyl
  • Flunitrazepam
  • Flurazepam
  • Halazepam
  • Hydrocodone
  • Hydromorphone
  • Ketazolam
  • Levorphanol
  • Lorazepam
  • Lormetazepam
  • Medazepam
  • Meperidine
  • Mephenesin
  • Mephobarbital
  • Meprobamate
  • Metaxalone
  • Methocarbamol
  • Methohexital
  • Midazolam
  • Morphine
  • Morphine Sulfate Liposome
  • Nitrazepam
  • Nordazepam
  • Oxazepam
  • Oxycodone
  • Oxymorphone
  • Pentobarbital
  • Phenindione
  • Phenobarbital
  • Phenprocoumon
  • Prazepam
  • Primidone
  • Propoxyphene
  • Quazepam
  • Quetiapine
  • Remifentanil
  • Secobarbital
  • Sodium Oxybate
  • Sufentanil
  • Temazepam
  • Thiopental
  • Triazolam

Other Interactions

Certain medicines should not be used at or around the time of eating food or eating certain types of food since interactions may occur. Using alcohol or tobacco with certain medicines may also cause interactions to occur. The following interactions have been selected on the basis of their potential significance and are not necessarily all-inclusive.

Using medicines in this class with any of the following is usually not recommended, but may be unavoidable in some cases. If used together, your doctor may change the dose or how often you use your medicine, or give you special instructions about the use of food, alcohol, or tobacco.

  • Ethanol

Other Medical Problems

The presence of other medical problems may affect the use of medicines in this class. Make sure you tell your doctor if you have any other medical problems, especially:

  • Alcohol abuse (or history of) or
  • Drug abuse or dependence (or history of)—Dependence on butalbital may develop. Also, acetaminophen may cause liver damage in people who abuse alcohol.
  • Asthma (or history of), emphysema, or other chronic lung disease or
  • Hepatitis or other liver disease or
  • Hyperactivity (in children) or
  • Kidney disease—The chance of serious side effects may be increased.
  • Type 2 diabetes mellitus or
  • Mental depression or
  • Overactive thyroid or
  • Porphyria (or history of)—Butalbital can make these conditions worse.
  • Heart disease (severe)—The caffeine in some butalbital and acetaminophen combinations can make some kinds of heart disease worse.

categoriaButalbital commentoNo Comments dataNovember 10th, 2008
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Indications and Usage for Butalbital and Acetaminophen

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Butalbital and Acetaminophen Tablets are indicated for the relief of the symptom complex of tension (or muscle contraction) headache.

Evidence supporting the efficacy and safety of this combination product in the treatment of multiple recurrent headaches is unavailable. Caution in this regard is required because butalbital is habit-forming and potentially abusable.

 

Contraindications

This product is contraindicated under the following conditions:

  • Hypersensitivity or intolerance to any component of this product.
  • Patients with porphyria.

 

Warnings

Butalbital is habit-forming and potentially abusable. Consequently, the extended use of this product is not recommended.

 

Precautions

 

General

Butalbital and Acetaminophen Tablets should be prescribed with caution in certain special-risk patients, such as the elderly or debilitated, and those with severe impairment of renal or hepatic function, or acute abdominal conditions.

categoriaButalbital commentoNo Comments dataOctober 21st, 2008
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Butalbital and Acetaminophen – Clinical Pharmacology

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This combination drug product is intended as a treatment for tension headache.

It consists of a fixed combination of Butalbital and Acetaminophen. The role each component plays in the relief of the complex of symptoms known as tension headache is incompletely understood.

 

Pharmacokinetics

The behavior of the individual components is described below.

Butalbital: Butalbital is well absorbed from the gastrointestinal tract and is expected to distribute to most tissues in the body. Barbiturates in general may appear in breast milk and readily cross the placental barrier. They are bound to plasma and tissue proteins to a varying degree and binding increases directly as a function of lipid solubility.

Elimination of butalbital is primarily via the kidney (59% to 88% of the dose) as unchanged drug or metabolites. The plasma half-life is about 35 hours. Urinary excretion products include parent drug (about 3.6% of the dose), 5-isobutyl-5-(2,3-dihydroxypropyl) barbituric acid (about 24% of the dose), 5-allyl-5(3-hydroxy-2-methyl-l-propyl) barbituric acid (about 4.8% of the dose), products with the barbituric acid ring hydrolyzed with excretion of urea (about 14% of the dose), as well as unidentified materials. Of the material excreted in the urine, 32% is conjugated.

The in vitro plasma protein binding of butalbital is 45% over the concentration range of 0.5 to 20 mcg/mL. This falls within the range of plasma protein binding (20% to 45%) reported with other barbiturates such as phenobarbital, pentobarbital, and secobarbital sodium. The plasma-to-blood concentration ratio was almost unity indicating that there is no preferential; distribution of butalbital into either plasma or blood cells (See OVERDOSAGE for toxicity information.).

Acetaminophen: Acetaminophen is rapidly absorbed from the gastrointestinal tract and is distributed throughout most body tissues. The plasma half-life is 1.25 to 3 hours, but may be increased by liver damage and following overdosage. Elimination of acetaminophen is principally by liver metabolism (conjugation) and subsequent renal excretion of metabolites. Approximately 85% of an oral dose appears in the urine within 24 hours of administration, most as the glucuronide conjugate, with small amounts of other conjugates and unchanged drug (See OVERDOSAGE for toxicity information.).

categoriaButalbital commentoNo Comments dataOctober 21st, 2008
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Butalbital/APAP/Caffeine Oral

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Generic Name: BUTALBITAL/ACETAMINOPHEN/CAFFEINE – ORAL
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Butalbital/APAP/Caffeine Oral Uses

This combination medication is used to treat tension headaches. Acetaminophen helps to decrease the pain from the headache. Caffeine helps increase the effects of acetaminophen. Butalbital is a sedative that helps to decrease anxiety and cause sleepiness and relaxation.

How To Use Butalbital/APAP/Caffeine Oral

Take this medication by mouth with or without food, usually every 4 hours as needed or as directed by your doctor.

The dosage is based on your medical condition and response to therapy. This medication works best if it is used as the first signs of a headache occur. If you wait until the headache has worsened, the medication may not work as well.

This medication may cause dependence, especially if it has been used regularly for an extended time or if it has been used in high doses. In such cases, withdrawal reactions (e.g., nausea/vomiting, mental/mood changes, seizures) may occur if you suddenly stop this drug. To prevent withdrawal reactions when stopping extended, regular treatment with this drug, gradually reduce the dosage as directed. Consult your doctor or pharmacist for more details, and report any withdrawal reactions immediately.

Though very unlikely, abnormal drug-seeking behavior (addiction) is possible with this medication. To lessen the risk of becoming addicted, do not increase your dose, take it more frequently, or take it for a longer time than prescribed. Properly stop the medication when so directed.

This medication contains acetaminophen. Do not take more acetaminophen than recommended. (See also Side Effects, Drug Interactions sections.)

Inform your doctor if you notice increased use of this medication, a worsening of headaches, an increase in the number of headaches, the medication not working as well, or use of this medication for more than 2 headache episodes a week. Your doctor may need to change your medication and/or add a separate medication to prevent the headaches.

categoriaButalbital commento1 Comment dataOctober 21st, 2008
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