By Kevin E. Noonan — The Federal Circuit has spent the past few years applying the Supreme Court’s most recent precedent, Nautilus, Inc. v. Biosig Instruments, Inc., on the indefiniteness standards in the patent statute. 35 U.S.C. § 112(b). The Federal Circuit’s latest decision, in IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc., affirmed a District Court’s finding that the asserted claims to a pharmaceutical formulation were indefinite. The case arose in ANDA litigation over IBSA’s Tirosint® product, which is a soft gel capsule formulation of the active ingredient levothyroxine sodium, as claimed in U.S. Patent No. 7,723,390. Claim…
