Today in Shire Development, LLC v. Watson Pharmaceuticals, Inc., __ F.3d __, No. 2016-1785 (Fed. Cir. Feb. 10, 2017)(Hughes, J.), in a validity challenge to claims defining one particular component of a chemical invention as a Markush group, the appellate panel overturned a District Court ruling to invalidate the relevant claims.
Shire Development involves a unique factual situation where a particular Markush group is defined in a manner that excludes the exemplary support for the Markush group.