Endo Pharmaceuticals Inc. v. Actavis LLC

I respectfully dissent. The FDA set a regulatory requirement that ABUK content in oxymorphone products be less than 0.001% (10 ppm). Mallinckrodt then claimed this requirement in the '779 patent. Not only does the FDA's mandate disclose every limitation of claim 1, but it is the only prior art reference that discloses the 0.001% oxymorphone ABUK limitation. Compare J.A. 2736, 2895, with '779 patent col. 37 ll. 58-59. Yet, the district court determined that this mandate did not disclose "anything substantive *1379relevant to obviousness." Endo Pharm. Inc. v. Actavis Inc. , No. CV-14-1381, 2017 WL…