No back-pedaling on prosecution disclaimers (Azurity v. Alkem, Fed. Cir. Case No. 23-1977)

In Azurity v. Alkem  the US Court of Appeals for the Federal Circuit (CAFC) affirmed the District of Delaware's ruling that Alkem's antibiotic formulation did not infringe patent claims owned by Azurity. The CAFC found that Azurity clearly and unmistakably disclaimed the presence of a key ingredient from the claimed formulation during prosecution. Given that Alkem's