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Title
To prevent, or treat?
Abstract
The article presents a case which highlights the importance of language in claim construction when patenting other therapeutic agents. Nicholas Perricone has filed a lawsuit against Medicis Pharmaceutical Corp. of infringing patents for prevention of sunburn. A District Court in Connecticut has ruled that some claims of Nicolas are invalid. On appeal, the Federal Court has upheld the ruling of double patenting. An Appeals Court has reversed the District Court's ruling.