For your reference here is a link to the FDA Paragraph IV Patent Certifications as well as a PDF of the certifications.
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The commentary presented herein represents the opinions of the author and not of Schwegman Lundberg & Woessner, P.A. or any other employee thereof. This commentary is provided for general informational and discussion purposes and should not be considered to be, or used as, legal advice to address any particular situation.
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The takeaway message "is to avoid 'patent profanity' at all costs" (citing Warren Woessner's blog).
I don't disagree. The problem is that the scope of "patent profanity" seems to be expanding (by the Federal Circuit), to now cover previously considered harmless and innocuous language. The line has also been blurred.
In deciding this case on the basis they did, the Federal Circuit is putting "form" over "funcion."