Wyeth v. Sandoz, Inc.’s Empirical Analysis

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Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. “Extended release formulation” means “a formulation, other than a hydrogel tablet, which releases the active ingredient at a slower rate than the immediate release formulation of the active ingredient such that the dosing frequency is once-a-day rather than the plural daily dosing for the immediate release formulation.” 2. “Diminished incidence(s) of nausea and emesis” means “the degree and/or frequency of nausea and emesis from the extended release formulation administered once-a-day is less than what would be experienced by patients receiving the same total daily dose of an immediate release formulation that is administered at least twice a day.” 3. “A method for eliminating the troughs and peaks of drug concentration in a patient’s blood plasma attending the therapeutic metabolism of plural daily doses of venlafaxine hydrochloride” means “a method in which the extended release formulation is administered once in a 24-hour period, resulting in a venlafaxine blood plasma concentration that rises to a maximum value, followed by a generally protracted decrease over the remaining period while maintaining during the 24-hour period levels of venlafaxine in blood plasma that are sufficient to provide, during the course of treatment, relief from the condition being treated, thereby eliminating the multiple sharp peaks and troughs resulting from multiple daily dosing of the same total daily dose of the immediate release formulation as reflected in a graph of venlafaxine blood pla”

   1 later decision quote this exact passage · from the majority
   e.g. 703 F. Supp. 2d 508 - Wyeth v. Sandoz, Inc.

2. “The specification is also instructive on the use aspect of the invention and the shape of the dissolution curve. The Brief Description states: In essence, the plasma levels of venlafaxine hydrochloride rise, after administration of the extended release formulations of this invention, for between about five to about eight hours (optimally about six hours) and then begin to fall through a protracted, substantially linear decrease from the peak plasma level for the remainder of the twenty-four hour period, maintaining at least a threshold therapeutic level of the drug during the entire twenty-four hour period. This portion of the specification suggests that Sandoz’s construction omits an important use aspect of the invention — that is, maintenance of therapeutic dosage levels over a twenty-four hour period. The construction of the disputed claim phrase should include the therapeutic benefits of the invention.”

   1 later decision quote this exact passage · from the majority
   e.g. 703 F. Supp. 2d 508 - Wyeth v. Sandoz, Inc.

3. “a method in which the extended release formulation is administered once in a 24-hour period, resulting in a venlafaxine blood plasma concentration that rises to a maximum value, followed by a generally protracted decrease over the remaining period while maintaining during the 24-hour period levels of venlafaxine in blood plasma that are sufficient to provide, during the course of treatment, relief from the condition being treated, thereby eliminating the multiple sharp peaks and troughs resulting from multiple daily dosing of the same total daily dose of the immediate release formulation as reflected in a graph of venlafaxine blood plasma concentration versus time.”

   1 later decision quote this exact passage · from the majority
   e.g. 703 F. Supp. 2d 508 - Wyeth v. Sandoz, Inc.