Full opinion text
OPINION STEIN, District Judge. TABLE OF CONTENTS INTRODUCTION..366 BACKGROUND.367 I.Purdue’s Development of OxyContin- II.Roxane’s of Roxicodone SR III.The Purdue Patents. A. The Parent Patent: The ’331 Patent B. The ’912 Patent. C. The ’042 Patent. D. The ’295 Patent. E. Terminology. DISCUSSION 370 I. Preliminary Injunction. o Cr-CO II. Likelihood of Success on the Merits. A. Infringement. 1. Claim Construction. a. General Principles. b. Cmax and Tmax: Single versus Multiple Dosing Values , c. Preambles to the Claims in Suit. 2. Comparison of Roxicodone SR to the Claims in Suit. B. Validity. 1. General Principles. 2. Anticipation by the ’331 Patent. a. Patent “by another” Pursuant to § 102(e). b. Disclosure of the Present Inventions. c. Correction of the ’331 Inventive Entity. d. Prior Conception and Reduction to Practice. e. by 3. Anticipation by Example II, Formulation B, of the ’598 Patent C. Enforceability. 1. General Principles. 2. Improper Terminal Disclaimer. 3. Failure to Disclose the ’909 Patent as Prior Art. 4. Failure to Disclose the ’331 Patent as Prior Art. D. Conclusion. III. Irreparable Harm ... o a* CO IV. Balance of Hardships Oi 05 CO V. Public Interest. CO CD CD CONCLUSION ^ 3 3 INTRODUCTION This case arises out of a patent dispute between pharmaceutical companies seeking to develop and market drugs designed to treat moderate to severe pain, including chronic cancer pain. On September 28, 1999, plaintiffs Purdue Pharma L.P., the Purdue Frederick Company, the P.F. Laboratories, Inc., and the Purdue Pharma Company (collectively, “Purdue”) filed an amended complaint in this Court asserting one count of patent infringement against defendants Boehringer Ingelheim GmbH, Roxane Laboratories, Inc., and Boehringer Ingelheim Corporation (collectively, “Rox-ane”). Specifically, the amended complaint seeks declaratory and injunctive relief and damages, based on allegations that defendants’ research of, development of, and plans to market the pharmaceutical product “Roxicodone SR” infringe upon Purdue’s patents protecting its product “OxyContin,” in violation of 35 U.S.C. §§ 284 and 285. See Amended Compl. ¶¶ 14-17, A-H. One week later, defendants Boehringer Ingelheim GmbH and Roxane Laboratories, Inc. submitted a joint, answer asserting a counterclaim seeking a declaration that the patents in question are invalid and unenforceable and that the Roxicodone product does not infringe upon those patents. See Answer ¶¶ 14-62, a-d. Contemporaneously with the commencement of this action, Purdue moved for a preliminary injunction pursuant to 35 U.S.C. § 283 and Fed.R.Civ.P. 65 barring defendants from making, using, or offering to sell Roxicodone SR pending a final resolution of this action. Roxane has opposed the injunction essentially on the grounds asserted its counterclaim. A factual hearing was held from November 15 through November 18, 1999. For the reasons stated below, Purdue’s motion for a preliminary injunction is granted. BACKGROUND I. Purdue’s Development of OxyContin Drugs known as opioid analgesics, which are designed to treat moderate to severe pain, have been available for several decades. Until the early 1980s, however, they were limited to immediate-release dosage forms, such as Percocet, where pain relief is given at once. Immediate-release forms had the distinct disadvantage that they controlled pain for only 4-6 hours, thereby requiring frequent repeat administration for patients experiencing chronic pain. Such frequent dosing did not permit patients to sleep through the night, and patients often failed or forgot to take their medication when required. See Paul D. Goldenheim Decl. ¶¶ 10-17. In the early 1980s, a Purdue-associated company, Napp Laboratories Limited, developed a controlled release form of morphine, marketed in the United States under the name MS Contin. Although MS Contin overcame many of the difficulties associated with immediate release analgesics, it presented two disadvantages of its own: First, morphine carried the stigma of being perceived by the public as an addictive narcotic to be used only as a last resort for the terminally ill. Second, the dosage level of MS Contin required to eliminate pain effectively varied greatly from patient to patient. Consequently, the titration process — i.e., the process of repeatedly adjusting the dosage level until a steady state of pain relief is achieved— took too long. See id. ¶¶ 18-24. Purdue therefore looked to other opioid substances as means of narrowing the dosage range and shortening the titration process. Purdue’s research indicated that ox-ycodone would fulfill this purpose because of its ready absorption into the bloodstream (that is, its “high oral bioavailability”) coupled with its prompt elimination from the bloodstream. In December 1995, after spending several years and more than $40 million in research, development, and testing, Purdue obtained approval of its product from the Food and Drug Administration (“FDA”) and began marketing its controlled release oxycodone analgesic under the name OxyContin. See id. ¶¶ 25-31. Through the end of 1998, Purdue has spent over $207 million marketing Oxy-Contin in the United States. See Michael Friedman Decl. ¶ 33. OxyContin, which has approximately half the dosage range of MS Contin, see Goldenheim Decl. ¶ 29, has proved enormously successful. Sales of OxyContin from January through August 1999 were $330 million, with total 1999 sales forecast at over $600 million. See Friedman Decl. ¶ 20. Sales for 2000 are presently forecast at between $925 million and $1.2 billion. See Transcript at 138 (testimony of Michael Friedman). As such, OxyContin represented approximately 67% of Purdue’s 1999 sales, and is forecast to constitute 79% or more of Purdue’s sales in 2000. See Friedman Decl. ¶ 83. II. Roxane’s Development of Roxicodone SR Roxane’s research and development of Roxicodone SR has followed a similar trajectory. Prior to its research on oxyco-done, Roxane had developed a controlled-release morphine product, marketed under the name Oramorph SR, that competed directly with Purdue’s MS Contin. Rox-ane then turned to oxycodone as means of slowing absorption of the pain killer into the blood stream, in order to extend the length of time pain was relieved. Roxane filed its initial paperwork with the FDA on July 7, 1992, and thereafter began clinical studies whose results Roxane included when it filed its New Drug Application (“NDA”) with the FDA on December 29, 1997. On October 26, 1998, the FDA approved the NDA for Roxicodone SR. See Second Decl. of Michael J. Schobelock ¶¶ 3-9. Through September 30, 1999, Roxane has spent approximately [REDACTED] on research and development of Roxicodone SR. See id. ¶ 6. In addition, Roxane has spent approximately [REDACTED] during 1999 in preparation for marketing the Roxicodone product in the United States. At the time of the preliminary injunction hearing in this action, Roxane estimated that Roxicodone SR would generate approximately [REDACTED] in United States sales in the year 2000. Based on this projection, the product would constitute about [REDACTED] of total United States sales for Roxane Laboratories, Inc., which is a wholly owned subsidiary of defendant Boehringer Ingelheim Corporation. See John T. Swartz Decl. ¶¶ 4, 10-12. III. The Purdue Patents In the course of researching and developing OxyContin, Purdue applied for and was granted a number of patents (“the Purdue patents”) by the U.S. Patent and Trademark Office (“Patent Office”), three of which are asserted by Purdue as bases for finding infringement. Before discussing these patents individually, a brief explanation is in order as to the history of Purdue’s patent applications. A. The Parent Patent: The ’331 Patent The applications for the patents implicated in this suit all derived as continuations of the application that matured into Patent No. 5,266,331 (“the ’331 patent”). The ’331 application, No. 800,549, was filed on November 27, 1991, and the patent issued on November 30, 1993. The patent names three inventors: Benjamin Oshlack, John J. Minogue, and Mark Chasin. Claim 1 of the ’331 patent, although not asserted by Purdue as a basis for finding infringement, is highly relevant to Rox-ane’s defenses against the motion for a preliminary injunction. Claim 1 of the ’331 patent sets forth a controlled release oxycodone formulation with particular in vitro and in vivo dissolution properties, as follows: A solid, controlled release, oral dosage form, the dosage form comprising an analgesically effective amount of oxyco-done or a salt thereof in a matrix wherein the dissolution rate in vitro of the dosage form, when measured by the USP Paddle Method at 100 rpm at 900 ml aqueous buffer (pH between 1.6 and 7.2) at 37°C, is between 12.5% and 42.5% (by wt) oxycodone released after 1 hour, between 25% and 55% (by wt) oxyco-done released after 2 hours, between 45% and 75% (by wt) oxycodone released after 4 hours and between 55% and 85% (by wt) oxycodone released after 6 hours, the in vitro release rate being independent of pH between pH 1.6 and 7.2 and chosen such that the peak plasma level of oxycodone obtained in vivo occurs between 2 and 4 hours after administration of the dosage form. B. The’912 Patent The first of the three patents in suit, Patent No. 5,549,912 (“the ’912 patent”), matured from Application No. 81,302, filed on November 25, 1992, and the patent was issued on August 27, 1996. The application for the ’912 patent was a “continuation-in-part” of the ’331 patent application, and therefore contained a portion of the disclosure of the ’331 application together with additional subject matter. The ’912 patent, like the other two patents in suit, names all three inventors named in the ’331 patent, plus one additional inventor, Robert F. Kaiko. Claim 2 of the ’912 patent, on which Purdue relies in this suit, sets forth a controlled release oxycodone formulation with particular in vivo properties pertaining to blood plasma concentrations of the active ingredient, as follows: A controlled release oxycodone formulation for oral administration to human patients, comprising from about 10 to about 40 mg oxycodone or a salt thereof, said formulation providing a mean maximum plasma concentration of oxycodone from about 6 to about 60 ng/ml from a mean of about 2 to about 4.5 hours after administration, and a mean minimum plasma concentration from about 3 to about 120 ng/ml from a mean of about 10 to about 14 hours after repeated administration every 12 hours through steady-state conditions. C. The ’042 patent The second of the three patents in suit, Patent No. 5,508,042 (“the ’042 patent”), matured from Application No. 467,584, filed on June 6, 1995, and was issued on April 16, 1996. The application for the ’042 patent was a “divisional” of the ’912 patent application, and therefore contained only one of the independent inventions claimed in the ’912 application. Purdue relies on Claims 1 and 2 of the ’042 patent in the present suit, both of which set forth methods of reducing the range of required dosages by administration of controlled release oxycodone formulations with particular in vivo properties pertaining to blood plasma concentrations of the active ingredient. Claim 1 reads as follows: A method for reducing the range in daily dosages required to control pain in human patients, comprising administering an oral controlled release dosage formulation comprising from about 10 to about 40 mg oxycodone or a salt thereof which provides a mean maximum plasma concentration of oxycodone from about 6 to about 60 ng/ml from a mean of about 2 to about 4.5 hours after administration, and a mean minimum plasma concentration from about 3 to about 30 ng/ml from a mean of about 10 to about 14 hours after repeated administration every 12 hours through steady-state conditions. Similarly, Claim 2 of the ’042 patent reads as follows: A method for reducing the range in daily dosages required to control pain in substantially all human patients, comprising administering an oral solid controlled release dosage formulation comprising from about 10 mg to about 160 mg oxycodone or a salt thereof which provides a mean maximum plasma concentration of oxycodone up to about 240 ng/ml from a mean of up to about 2 to about 4.5 hours after administration, and a mean minimum plasma concentration up to about 120 ng/ml from a mean of about 10 to about 14 hours after repeated administration every 12 hours through steady-state conditions. D. The ’295 Patent The last of the three patents in suit, Patent No. 5,656,295 (“the' ’295 patent”), matured from Application No. 618,344, filed on March 19, 1996, and was issued on August 12, 1997. The application for the ’295 patent was a “continuation in part” of the ’912 patent application, and therefore contained a portion of the disclosure of the ’912 application together with additional subject matter. Claim 8 of the ’295 patent, on which Purdue relies here, sets forth a method of reducing the range of required dosages by administration of controlled release oxycodone formulations with particular in vivo properties pertaining to blood plasma concentrations of the active ingredient, as follows: A method for substantially reducing the range in daily dosages required to control pain in human patients, comprising administering to a human patient an oral controlled release dosage formulation comprising from about 10 to about 160 mg- oxycodone or a salt thereof based on the hydrochloride salt which provides a mean maximum plasma concentration of oxycodone form [sic] about 6 to about 240 ng/ml from a mean of about 2 to about 4.5 hours after administration and a mean minimum plasma concentration from about 3 to about 120 ng/ml from a mean of about 10 to about 14 hours after administration every 12 hours after repeated dosing through steady-state conditions, wherein said formulation provides pain relief in said patient for at least 12 hours after administration. E. Terminology The claims of the patents in suit focus on the properties exhibited by the active ingredient in the bloodstream, also known as “pharmacokinetic parameters,” following administration of the claimed oxyco-done formulations. The pharmacokinetic symbols are as follows: “C” is a shorthand for concentration, “T” for time, “max” for maximum, and “min” for minimum. Therefore, “Cmax” is the mean maximum blood plasma concentration exhibited by the formulation, “Tmax” is the mean time at which that concentration is achieved, “0^ ” is the mean minimum blood plasma concentration, and “Tmin” is the mean time at which that concentration is achieved. For example, in Claim 8 of the ’295 patent, Cmax is about 6 to about 240 ng/ml, Tmax is about 2 to about 4.5 hours, Cmin is about 3 to about 120 ng/ml, and Tmin about 10 to about 14 hours. DISCUSSION I. Preliminary Injunction On substantive questions of patent law, this Court is bound by the precedents of the U.S. Court of Appeals for the Federal Circuit. See Hybritech, Inc. v. Abbott Labs., 849 F.2d 1446, 1451 n. 12 (Fed.Cir.1988). The decision whether to grant or deny a preliminary injunction in the context of a patent dispute pursuant to 35 U.S.C. § 283 is committed to the discretion of the Court. See Polymer Techs. v. Bridwell, 103 F.3d 970, 973 (Fed.Cir.1996); Novo Nordisk of North Am., Inc. v. Genentech, Inc., 77 F.3d 1364, 1367 (Fed.Cir.1996). In addition, all findings of fact and conclusions of law at the preliminary injunction stage are subject to change upon the ultimate trial on the merits. See Illinois Tool Works, Inc. v. Grip-Pak, Inc., 906 F.2d 679, 681 (Fed.Cir.1990) (citing University of Texas v. Camenisch, 451 U.S. 390, 395, 101 S.Ct. 1830, 1834, 68 L.Ed.2d 175 (1981)). As the moving party, Purdue carries the burden of demonstrating the propriety of a preliminary injunction, in light of the following four factors: “(1) a reasonable likelihood of success on the merits; (2) irreparable harm if the injunction were not granted; (3) the balance of the hardships and (4) the impact of the injunction on the public interest.” Polymer Techs., 103 F.3d at 973 (citing Nutrition 21 v. United States, 930 F.2d 867, 869 (Fed.Cir.1991)). “[A]nalysis of each of the four factors is generally appropriate ‘for reasons of judi-eial economy and ... appellate review,’ ” but with two exceptions. Id. (quoting Reebok Int’l Ltd. v. J. Baker, Inc., 32 F.3d 1552, 1557 (Fed.Cir.1994)). First, if the moving party “clearly established] the first factor (by making a ‘clear showing’ of both validity and infringement), it [is] entitled to a rebuttable presumption” of irreparable harm with respect to the second factor. Id. (citing Smith Int’l, Inc. v. Hughes Tool Co., 718 F.2d 1573, 1581 (Fed.Cir.1983)). Second, “if the moving party fails to establish either of the first two factors,” then “a trial court need not make findings concerning the third and fourth factors” before proceeding to deny the preliminary injunction. Id. (quoting Reebok, 32 F.3d at 1556). II. Likelihood of Success on the Merits “In order to demonstrate that it has a likelihood of success, [Purdue] must show that, in light of the presumptions and burdens that will inhere at trial on the merits, (1) it will likely prove [infringement] and (2) its infringement claim will likely withstand [Roxane’s] challenges to the validity and enforceability of the ... patent[s].” Genentech, Inc. v. Novo Nordisk, A/S, 108 F.3d 1361, 1364 (Fed.Cir.1997); accord Canon Computer Sys. v. Nu-Kote Int’l. Inc., 134 F.3d 1085, 1088 (Fed.Cir.1998) (citing Nutrition 21, 930 F.2d at 869-70). In this context, the patents are accorded an initial presumption of validity and enforceability pursuant to 35 U.S.C. § 282, absent evidence to the contrary. See New England Braiding Co. v. A.W. Chesterton Co., 970 F.2d 878, 882 (Fed.Cir.1992) (citing Nutrition 21, 930 F.2d at 869). If, however, Roxane produces evidence raising a “ ‘substantial question’ concerning validity, enforceability, or infringement,” then Purdue must produce countervailing evidence demonstrating that these defenses “ ‘lack[ ] substantial merit.’ ” Genentech, Inc., 108 F.3d at 1364 (quoting New England Braiding Co., 970 F.2d at 882-83). In its opposition to the present motion, Roxane not only contests infringement but also raises two distinct defenses: First, Roxane argues that the patents in suit are invalid for lack of novelty because the alleged inventions set forth in those patents were anticipated by inventions disclosed in earlier patents. Second, Roxane argues that the patents in suit are unenforceable because of inequitable conduct committed during the prosecution of the applications for the ’331 patent and the patents in suit before the Patent Office. Ultimately, Rox-ane will bear the burden at trial of proving each of these defenses by clear and convincing evidence. See Oney v. Ratliff, 182 F.3d 893, 895 (Fed.Cir.1999) (anticipation); Elk Corp. v. GAF Bldg. Materials Corp., 168 F.3d 28, 30 (Fed.Cir.) (inequitable conduct), cert. denied, — U.S. -, 120 S.Ct. 178, 145 L.Ed.2d 150 (1999). Accordingly, this Court keeps this burden of proof in mind in deciding whether the defenses asserted by Roxane raise a substantial question or lack substantial merit. A. Infringement Analysis of a claim of literal infringement entails a two-step process. See Personalized Media Communications, LLC v. International Trade Comm’n, 161 F.3d 696, 702 (Fed.Cir.1998). “ ‘The first step is determining the meaning and scope of the patent claims asserted to be infringed. The second step is comparing the properly construed claims to the device accused of infringing.’ ” Id. (quoting Markman v. Westview Instruments, Inc., 52 F.3d 967, 976 (Fed.Cir.1995) (en banc), aff'd, 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996)). The first step is a question of law, whereas the second presents a question of fact. See id. (citing Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448, 1456 (Fed.Cir.1998) (en banc)). 1. Claim Construction a. General Principles “It is well-settled that, in interpreting an asserted claim, the court should look first to the intrinsic evidence of record, i.e., the patent itself, including the claims, the specification and, if in evidence, the prosecution history.” Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed.Cir.1996) (citing Markman, 52 F.3d at 979). However, the specification and the prosecution history may be employed only “to understand the language used in the claims,” and not to “ ‘enlarge, diminish, or vary’ the limitations in the claims.” Markman, 52 F.3d at 979-80 (quoting Goodyear Dental Vulcanite Co. v. Davis, 102 U.S. 222, 227, 26 L.Ed. 149 (1880)). The Court must first “look to the words of the claims themselves, both asserted and unasserted, to define the scope of the patented invention.” Vitronics, 90 F.3d at 1582 (citing Bell Communications Res., Inc. v. Vitalink Communications Corp., 55 F.3d 615, 620 (Fed.Cir.1995)). As this point is frequently phrased, “it is the claims that define a patented invention.” Lockwood v. American Airlines, 107 F.3d 1565, 1570 (Fed.Cir.1997) (citing Constant v. Advanced Micro-Devices, Inc., 848 F.2d 1560, 1571 (Fed.Cir.1988)). “The terms of a claim will be given their ordinary meaning, unless it appears that the inventor used them differently.” ZMI Corp. v. Cardiac Resuscitator Corp., 844 F.2d 1576, 1579 (Fed.Cir.1988) (citing Envirotech Corp. v. Al George, Inc., 730 F.2d 753, 759 (Fed.Gir.1984)); accord Vitronics, 90 F.3d at 1582. Second, the Court reviews the specification, that is, the portion of the patent that “contains a written description of the invention [enabling] one of ordinary skill in the art to make and use the invention.” Markman, 52 F.3d at 979; accord Vitronics, 90 F.3d at 1582. The purpose of this review is “to determine whether the inventor has used any terms in a manner inconsistent with their ordinary meaning.” Vitronics, 90 F.3d at 1582. Accordingly, “the description may act as a sort of dictionary, which explains the invention and may define terms used in the claims.” Markman, 52 F.3d at 979 (citing In re Vogel, 57 C.C.P.A. 920, 422 F.2d 438, 441 (C.C.P.A.1970)); accord Vitronics, 90 F.3d at 1582. The specification “is always highly relevant to the claim construction analysis” and “is the single best guide to the meaning of a disputed term.” Vitronics, 90 F.3d at 1582. “Third, the court may also consider the prosecution history of the patent, if in evidence.” Id. (citing Markman, 52 F.3d at 980). The prosecution history consists of “the complete record of all the proceedings before the Patent and Trademark Office, including any express representations made by the applicant regarding the scope of the claims.” Id. (citing Markman, 52 F.3d at 980); see also Southwall Tech., Inc. v. Cardinal IG Co., 54 F.3d 1570, 1576 (Fed.Cir.1995) (“The prosecution history limits the interpretation of claim terms so as to exclude any interpretation that was disclaimed during prosecution.” (citing ZMI Corp., 844 F.2d at 1580)). If, and only if, an examination by the Court of all the intrinsic evidence fails to resolve an ambiguity in the language of the claim, the Court may in its discretion proceed to consider extrinsic evidence as to the proper resolution of the ambiguity. See Vitronics, 90 F.3d at 1583; Markman, 52 F.3d at 980-81. However, this general principle need not bar the Court from admitting extrinsic evidence simply “for the purpose of background in the technical area at issue” in cases where the court ultimately “base[s] its claim construction solely upon intrinsic evidence.” Mantech Envtl. Corp. v. Hudson Envtl. Servs., 152 F.3d 1368, 1373 (Fed.Cir.1998) (internal quotation marks and citation omitted). “Extrinsic evidence consists of all evidence external to the patent and prosecution history, including expert and inventor testimony, dictionaries, and learned treatises.” Markman, 52 F.3d at 980. Where admissible for purposes of claim construction, extrinsic evidence may only be used to aid the Court’s understanding of the claim, and not to vary or to contradict the terms of the claim. See Vitronics, 90 F.3d at 1583; Markman, 52 F.3d at 981. b. Cmax and Tmax: Single versus Multiple Dosing Values A major point of dispute with respect to claim construction is whether to interpret Cmax and Tmax with reference to single dosing studies or multiple dosing studies. In other words, the parties dispute how-to interpret the ranges of values given by the claims in suit for Cmax and Tmax. Roxane contends that these ranges reflect values obtained from single dosing studies — ie., studies in which test subjects are given a single dose of . the oxycodone formulation and then are observed for blood plasma levels of the active ingredient. Purdue, on the other hand, contends that these ranges reflect values obtained from multiple dosing studies, that is, studies in which subjects are given repeated doses every twelve hours until reaching steady state and only then are observed for blood plasma concentrations of oxycodone. In resolving this dispute, this Court turns first to the language of the claims themselves. Roxane notes that the claims in suit consistently define Cmax and Tmax as occurring “after administration,” whereas the ’912 and ’042 patents define Cmin and Tmin as occurring “after repeated administration every 12 hours through steady-state conditions,” and the ’295 patent defines and Tmin by use of similar language. Roxane concludes that this difference in language requires that Cmax and Tmax be defined by reference to single dosing studies, and that Cmin and be interpreted to refer to multiple dosing values. In response, Purdue asserts that the “after administration” language following Cmax and Tmax is simply shorthand -for the longer “after repeated administration ...” language, which should be read as requiring multiple dosing values for all claim parameters. Roxane finds this reading untenable in light of the comma immediately following “after administration,” thereby separating the descriptions of the different parameters, although Purdue notes that no such comma appears in Claim 8 of the ’295 patent. See Levy Decl. ¶¶ 32-36; Goldenheim Decl. ¶ 102. This Court finds the claim language ambiguous on this point. As Roxane points out, the difference in language between “after administration” and “after repeated administration ...” suggests that Cmax and Tmax should be interpreted with respect to single dosing values. On the other hand, Purdue’s reading of the claims is equally plausible. For instance, if Cmax. and Tmax were to refer solely to single dosing values, as Roxane contends, it would have been a simple matter for the inventors to write the relevant claim language to read “after administration of a single dose.” As the language stands, however, it is unclear whether the “after administration” language encompasses single dosing values, multiple dosing values, or both types of values. Becaúse the claim language is ambiguous, this Court proceeds to examine the specifications of the patents in suit. Both parties agree that the specifications of the three patents are virtually identical. See Levy Decl. ¶ 2; Goldenheim. Decl. at p. 5 n. *. For the sake of simplicity, therefore, this Court will look to the ’912 specification as emblematic of the patents in suit. In discussing the patent specifications, the parties raise a number of points. First, Roxane notes that the dichotomy between the “after administration” language and the “after repeated administration ... ” language appears consistently throughout the patent specifications. See ’912 Patent column 2, lines 43-45; col. 3, 1. 1-9, 10-18; col. 20-22, claims 1-3, 5, 7; Levy Decl. ¶ 35. However, this Court finds that the consistent use of this same language, by itself, fails to resolve the ambiguity; such consistency simply suggests that the choice of language was intentional. Second, Roxane points to the following paragraph appearing at column 5, lines 5-16 of the ’912 specification: In order to obtain a controlled release drug dosage form having at least a 12 hour therapeutic effect, it is usual in the pharmaceutical art to produce a formulation that gives a peak plasma level of the drug between about 4-8 hours after administration (in a single dose study). The present inventors have surprisingly found that, in the case of oxycodone, a peak plasma level at between 2-4.5 hours after administration gives at least 12 hours pain relief and, most surprisingly, that the pain relief obtained with such a formulation is greater than that achieved with formulations giving peak plasma levels (of oxycodone) in the normal period of up to 2 hours after administration. (emphasis added) Here, Roxane argues that the emphasized language, “in a single dose study,” indicates that Cmax and Tmax should be interpreted by reference to single dose studies and not to multiple dose studies. See Levy Decl. ¶ 31. But, as Purdue notes, the reference to single dose studies appears only in the first sentence of the quoted paragraph, which discusses previous formulations and specifically contrasts them against the present invention, which is mentioned only in the second sentence. See Goldenheim Decl. ¶ 101. This Court finds Purdue’s argument persuasive and therefore finds that this paragraph fails to resolve the cited ambiguity in the claim language. Third, Roxane highlights the fact that the ’912 specification includes a number of single dose clinical studies as sources for the ranges of values stated by the claims with respect to Cmax and Tmax. See ’912 Patent, col. 13-18, 19-20 (Examples 13-17, 19); Levy Decl. ¶ 38. To explain the significance of these studies, Roxane introduced the expert testimony of Gerhard Levy, Professor of Pharmaceutics at the State University of New York at Buffalo. Levy testified that single dose clinical trials are typically used to study the in vivo properties of pharmaceutical products because they eliminate the error incurred in multiple dose trials when residual amounts of the product linger on from previous doses, and that single dose trials therefore provide a standard basis for comparison between products. See Transcript at 253-55, 288. In rebuttal, Purdue notes that the ’912 specification also includes a multiple dose clinical study as a source for values for Cmax and Tmax. See ’912 Patent, col. 18, 1. 19-43 (Ex. 18); col. 18-19 (Table 20); Figure 5; see also Goldenheim Decl. ¶¶ 91-94. In addition, Purdue introduced the testimony of its own Vice President of Medical and Scientific Affairs, Paul D. Gol-denheim. Goldenheim testified that multiple dose clinical studies provide a standard basis for comparison between products, but acknowledged that single dose clinical studies are routinely performed as a preliminary matter in deciding whether to proceed to more difficult and more costly multiple dose clinical studies of a pharmaceutical product. See Goldenheim Decl. ¶ 81. As a consequence, Purdue urges, it should come as no surprise that such preliminary studies would be included in the specification, whether or not Cmax and Tmax were defined by reference to single or multiple dosing values. This Court finds that inclusion of the single dose studies in the ’912 specification is equally consistent with either Purdue’s or Roxane’s interpretation of the disputed claim language. Putting aside the conflict in testimony as to whether single or multiple dose studies are the standard basis of comparison between products, this Court credits Goldenheim’s testimony that single dose studies would likely be included in the product specification, simply as indicative of preliminary test results, regardless of whether the claim language was written in reference to those results or to others included in the specification. Because the specification also includes multiple dose results that could just as easily constitute the basis for interpreting the ranges of values for Cmax and Tmax, this Court finds that the inclusion of single dose studies in the specification fails to resolve this ambiguity. Fourth, Purdue points to a number of portions of the ’912 specification that refer to multiple dosing situations. These passages include references to narrowing the range of daily dosages, see ’912 Patent, col. 2, 1. 1-9, 42-45, 56-58; col. 3, 1. 34-40; references to administration of the product every twelve hours, see id. col. 3, 1. 37-38, 41 — 46, 49, 54-55; references to maximum concentration levels obtained in multiple dose studies, see id. col. 4, 1. 9-21; and references to facilitating the titration process, see id. col. 1, 1. 13-17, 23^11; col. 2, 1. 9-12; col. 3, 1. 58-63. See generally Goldenheim Decl. ¶¶ 95-98. On the basis of the cited passages, Purdue argues that the inventions described in the ’912 specification were intended for use in multiple dosing, steady state situations, and that it would be anomalous to interpret the disputed claim language to refer exclusively to situations other than that for which the product was intended. This Court finds Purdue’s argument persuasive. The Federal Circuit has repeatedly emphasized that claim language is to be interpreted in light of the “fundamental purpose and significance” of the invention, Minnesota Mining & Mfg. Co. v. Johnson & Johnson Orthopaedics, Inc., 976 F.2d 1559, 1566-67 (Fed.Cir.1992), and in a manner “consistent with and further[ing] the purpose of the invention,” CVI/Beta Ventures, Inc. v. Tura LP, 112 F.3d 1146, 1160 (Fed.Cir.1997), cert. denied, 522 U.S. 1109, 118 S.Ct. 1039, 140 L.Ed.2d 105 (1998). In the present case, the many passages from the specification cited by Purdue strongly suggest, first, that one of ordinary skill in the art would administer the oxycodone formulations described in the claims in multiple dosing, steady state situations; and second, that it was a principal purpose of the invention to facilitate the titration process by reducing the range of daily dosages needed to provide effective pain relief across the spectrum of patients. In this light, to interpret the disputed claim language to exclude reference to multiple dose, steady state situations would simply make no sense. In sum, the claim language in question is ambiguous as to whether the specified ranges of values for Cmax and Tmax encompass single dose values, multiple dose values, or both types of values. The portions of the specification cited by Roxane fail to demonstrate that this claim language should be read to exclude values obtained from multiple dose studies. However, the portions of the specification cited by Purdue strongly suggest that, it was a principal purpose of the invention to facilitate the administration of controlled release ox-ycodone formulations in multiple dosing, steady state situations. Accordingly, on the basis of the claim language and specification, this Court concludes that the disputed claim language should be interpreted to encompass multiple dose values. Finally, we turn to the prosecution history of the patents in suit to ascertain whether that history is consistent with our interpretation of the disputed claim language. In this context, Roxane contends that a number of passages in the specification of the ’331 patent — the parent patent — militate in favor of excluding multiple dose values from the ranges of values specified for Cmax and Tmax. Roxane points out, first, the only multiple dose study reported in the ’331 patent fails to disclose values for C^, which Roxane argues renders that study irrelevant, see ’331 Patent, col. 18-19 (Ex. 13); Levy Decl. ¶ 28; second, the claims of the ’331 patent that refer to Tmax specify that it occurs “after administration of the dosage form,” see ’331 Patent, col. 11-14; Levy Decl. ¶ 28; third, the passage appearing at column 1, lines 15-27 of the ’331 patent mentions maximum concentration levels found in a single dose study, see Levy Decl. ¶ 29; and fourth, the ’331 patent explicitly refers to “the methods set .out in U.S. Pat[ent] No. 4,990,341,” which itself relies on single dose studies, see ’331 Patent, col. 1, 1. 35-46; Patent No. 4,990,341, col. 1, 1. 39-44; Tr. at 40-^41 (Opening Argument, John F. Sweeney). Even assuming that these portions of the ’331 specification are relevant to the proper interpretation of the claims in suit, see Abtox, Inc. v. Exitron Corp., 122 F.3d 1019, 1026-27 (Fed.Cir.), amended on reh’g, 131 F.3d 1009 (Fed.Cir.1997). Rox-ane’s arguments fail to carry the day. First, the fact that the only multiple dose study in the ’331 specification fails to disclose Cmin values is hardly dispositive of the ’912 claim language, given that the multiple dose study appearing in the ’912 specification does disclose such values. See ’912 Patent, col. 18 (Table 20). Second, the ’331 claim language referring to Tmax occurring “after administration of the dosage form,” is no less ambiguous than the claim language of the ’912 patent and, therefore, is equally unhelpful. Third, the cited passage at column 1, lines 15-27 of the ’331 specification is identical to that appearing at column 5, lines 5-16 of the ’912 specification, which was discussed above and found not to resolve the ambiguity in dispute. And fourth, Roxane’s argument that the ’331 specification refers to the single dose methods of the ’341 patent actually weighs against the result Roxane seeks; if in fact the authors of the ’912 patent intended that Cmax and Tmax be defined solely by single dose values, then one would expect that they would have kept the parent specification’s reference to the ’341 patent’s single dose methods rather than delete it from the ’912 specification. In conclusion, this Court finds for purposes of resolving Purdue’s preliminary injunction motion that the ranges of values for Cmax and Tmax specified by the patents in suit encompass values obtained from multiple dose, steady state studies. Moreover, because this Court finds the intrinsic evidence sufficient to interpret the claim language, this Court will not consider the extrinsic evidence offered by the parties. c. Preambles to the Claims in Suit Purdue and Roxane also dispute whether the preambles to Claims 1 and 2 of the ’042 and Claim 8 of the ’295 patent should be interpreted as imposing limitations in addition to those set forth in the bodies of the claims. Specifically, the parties dispute whether the preambles to these claims should be read to require a reduction in the range of daily dosages as an independent limitation of the claimed inventions, above and beyond the limitations stated in the bodies of the claims. As the Federal Circuit has explained, “ ‘[a] claim preamble has the import that the claim as a whole suggests for it.’ ” Rowe v. Dror, 112 F.3d 473, 478 (Fed.Cir.1997) (quoting Bell Communications Res., Inc., 55 F.3d at 620). To ascertain this import, the Court must “ ‘review ... the entirety of the patent to gain an understanding of what the inventors actually invented and intended to encompass by the claim.’ ” Id. (quoting Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868 F.2d 1251, 1257 (Fed.Cir.1989)). The ultimate object of this review is to determine whether the preamble merely states a use or purpose of the claimed invention, or else states a structural limitation necessary to give life to the invention: [T]he preamble has been denied the effect of a limitation where ... the claim or [interference] count apart from the introductory clause completely defined the subject matter [of the invention], and the preamble merely stated a purpose or intended use of that subject matter. On the other hand, in those ... cases where the preamble to the claim or count was expressly or by necessary implication given the effect of a limitation, the introductory phrase was deemed essential to point out the invention defined by the claim or count. In the latter class of cases, the preamble was considered necessary to give life, meaning and vitality to the claims or counts. Kropa v. Robie, 38 C.C.P.A. 858, 187 F.2d 150, 152 (C.C.P.A.1951) (collecting cases), quoted in Bell Communications Res., Inc., 55 F.3d at 620-21. As before, this Court turns first to the claim language to ascertain the import of the preambles. In the ’042 patent, the preambles both read, “A method for reducing the range in daily dosages required to control pain in human patients, comprising....” And in the ’295 patent, the preamble to Claim 8 reads, “A method for substantially reducing the range in daily dosages required to control pain in human patients, comprising....” Unlike the bodies of the claims, which specify numerically precise properties of the oxycodone formulations to be administered, these preambles do not state numerical limits defining the precise extent to which the range of daily dosages should be reduced.. Although this extent might be ascertained from the specifications, the fact that the preambles, unlike the bodies, fail to provide specific values suggests that the preambles do not state independent limitations. Moreover, the language of the bodies of the claims does not specifically reference or incorporate the language of the preambles, aside from a passing reference in Claim 8 of the ’295 patent to providing “pain relief in said patient.” Cf. Bell Communications Res., Inc., 55 F.3d at 621 (explicit incorporation of preamble found dispositive). Turning to the specifications of the ’042 and ’295 patents, the descriptions of the claimed invention repeatedly refer to a reduction in the range of daily dosages not as a structural feature of the administration of the oxycodone formulations set forth but rather simply as a benefit of the administration of those formulations. For example, the section of the specifications entitled “Detailed Description” opens, in both the ’042 and the ’295 patents, with the following passage: It has now been surprisingly discovered that the presently claimed controlled release oxycodone formulations acceptably control pain over a substantially narrower, approximately four-fold (10 to 40 mg every 12 hours — around-the-clock dosing) in approximately 90% of patients. This is in sharp contrast to the approximately eight-fold range required for approximately 90% of patients for opioid analgesics in general. ’042 Patent, col. 3, 1. 38^45; ’295 Patent, col. 3, 1. 34-41; see also ’042 Patent, col. 2, 1. 16-20; col. 3, 1. 5-22, 46-51; col. 4, 1. 53-60; ’295 Patent, col. 2,1. 3-17; col. 3,1. 1-18, 42-47; col. 4,1. 51-58. Accordingly, viewing each patent as a whole, this Court finds that the preambles do not state an independent limitation of the claimed inventions but merely set forth an intended use or benefit of the oxycodone formulations set forth in the claims. See In re Hansen, 37 C.C.P.A. 1169, 183 F.2d 92, 95 (C.C.P.A.1950), discussed in Kropa, 187 F.2d at 155. 2. Comparison of Roxicodone SR to the Claims in Suit Purdue contends that Roxicodone SR satisfies every claim limitation of the patents in suit based on documentation submitted by Roxane to the FDA in its application for New Drug Approval. See Goldenheim Decl. ¶¶ 74-77. Because Purdue relies on essentially the same documentation to find infringement of all three patents in suit, this Court will focus on Purdue’s demonstration with respect to Claim 2 the ’912 patent. See id. ¶ 74 (citing attached Exhibits 9 and 10). The first limitation of Claim 2 is that the oxycodone formulation comprise “from about 10 mg to about 160 mg of oxycodone or a salt thereof.” Here, the Roxane Package Insert for Roxicodone SR states, “Each tablet for oral administration contains: Oxycodone hydrochloride.” Id. Exh. 9, at 1. Moreover, the Summary of Basis for Approval (“SBA”) submitted to the FDA states, “Strengths: 10 mg and 30 rag.” Id. Exh. 10, at 17. The Court finds that the dosage levels of these tablets fall within the range of values specified by Claim 2 of the ’912 patent. Second, Claim 2 of the ’912 patent requires “a mean maximum plasma concentration of oxycodone from about 6 to about 240 ng/ml from a mean of about 2 to about 4.5 hours after administration.” Here, the SBA includes studies of Roxicodone SR 10 mg tablets, dosed every twelve hours, that demonstrate Cmax values of 12.68, 12.78, and 14.6 ng/ml, as well as Tmax values of 3.7, 4.3, and 4.0 hours after administration. See id. Exh. 10, at 147 (Table 1 and Figure 1), 152 (Table 1 and Figure 1). In addition, another chart included in the SBA shows predicted mean steady state plasma oxycodone levels following administration of the 20 mg tablets, including a Cmax that appears to be about 30 ng/ml and a Tmax that appears to fall between 2 and 4.5 hours. See id. Exh. 10, at 136 (Figure 7). The Court finds that these multiple dose values for Roxicodone SR fall within the ranges of values for Cmax and Tm„v specified by Claim 2 of the ’912 patent. Third, Claim 2 indicates “a mean minimum plasma concentration from about 3 to about 120 ng/ml from a mean of about 10 to about 14 hours.” Here, the SBA includes studies of Roxicodone SR 10 mg tablets, dosed every twelve hours, that demonstrate C^,, values of 7.77, 8.44, and 9.36 ng/ml; Tmin is inevitably about twelve hours after administration, given the twelve-hour dosing cycle. See id. Exh. 10, at 147 (Table 1 and Figure 1), 152 (Table 1 and Figure 1). In addition, another chart included in the SBA shows predicted mean steady state plasma oxycodone levels, after administration of the 20 mg tablets, including a Cmin that appears to be about 20 ng/ml and a Tmin that appears to fall between 10 and 14 hours. See id. Exh. 10, at 136 (Figure 7). The Court finds that these multiple dose values for Roxicodone SR fall within the ranges of values for Cmin and T,™, specified by Claim 2 of the ’912 patent. Finally, Claim 2 requires that such oxy-codone levels occur in the bloodstream “after repeated administration every 12 hours through steady-state conditions.” In this respect, the SBA states that the first study relied upon “is a steady state evaluation at an equivalent dose of 10 mg every 12 hours,” id. Exh. 10, at 146; and that in the second study “steady state is expected to be achieved by end of day 2 of dosing,” id. Exh. 10, at 151. As to the additional chart on which Purdue relies, the header to that chart reads, “Predicted mean steady state plasma oxycodone levels after ... SR (20 mg q 12 hours).” Id. Exh. 10, at 136 (Figure 7). Moreover, the Roxane Package Insert states, “For control of severe chronic pain in patients, this drug should be administered on a regularly scheduled basis, every 12 hours.” Id. Exh. 9, at 16. On these bases, the Court finds that Roxicodone SR satisfies the final limitation of Claim 2 of the ’912 patent. This Court therefore finds that Roxico-done SR satisfies every claim limitation of Claim 2 of the ’912 patent. As to the other patents in suit, the Goldenheim Declaration also relies on these same studies and disclosures to find satisfaction of the claim limitations of Claims 1 and 2 of the ’042 patent and Claim 8 of the ’295 patent. See id. ¶¶ 75-77. In discussing those claims, the Goldenheim Declaration additionally highlights disclosures in the SBA that, first, Roxicodone SR is a “Controlled-Release Tablet,” id. Exh. 10, at 17; and second, Roxicodone SR provides pain relief for at least 12 hours after administration, see id. Exh. 10, at 6; id. Exh. 9, at 16. Based on these studies and disclosures, this Court finds that Roxicodone SR also satisfies every claim limitation of Claims 1 and 2 of the ’042 patent and Claim 8 of the ’295 patent. In sum, this Court concludes that Purdue has demonstrated a reasonable likelihood of success on the merits with respect to proving infringement at trial, and this Court further concludes that Purdue has made a clear showing in this regard. B. Validity As noted earlier, Roxane argues that the patents in suit are invalid for lack of novelty because the inventions they claim were anticipated by inventions disclosed in earlier patents. In this context, Roxane raises two contentions: first, that Claim 1 of the ’331 patent inherently anticipates the patents in suit and thereby renders them invalid; and second, that Example II, Formulation B, of Patent No. 4,861,598 (“the ’598 patent”) inherently anticipates the ’331 patent and the patents in suit and thereby renders them invalid. 1. General Principles Pursuant to 35 U.S.C. § 102, an invention may receive a patent only if it is “novel” in relation to the “prior art” available to the public at the time the patent application is filed. When the claimed invention “reads on” a prior art reference, the invention is said to be anticipated by that reference, and any claim purporting to patent the invention is deemed invalid. See Atlas Powder Co. v. Ireco Inc., 190 F.3d 1342, 1346 (Fed.Cir.1999) (citing Titanium Metals Corp. v. Banner, 778 F.2d 775, 781 (Fed.Cir.1985)). “ ‘To anticipate a claim, a prior art reference must disclose every limitation of the claimed invention, either explicitly or inherently.’ ” Id. (quoting In re Schreiber, 128 F.3d 1473, 1477 (Fed.Cir.1997)); accord MEHL/Biophile Int’l Corp. v. Milgraum, 192 F.3d 1362, 1365 (Fed.Cir.1999). According to the classic formulation, “[t]hat which would literally infringe if later in time anticipates if earlier than the date of the invention.” Lewmar Marine, Inc. v. Barient, Inc., 827 F.2d 744, 747 (Fed.Cir.1987). “Specifically, when a patent claims a chemical composition in terms of ranges of elements, any single prior art reference that falls within each of the ranges anticipates the claim.” Atlas Powder Co., 190 F.3d at 1346 (citing Titanium Metals Corp., 778 F.2d at 780-82). A prior art reference may anticipate not only when the prior art reference expressly discloses every element of the claimed invention but also “when the claim limitation or limitations not expressly found in that reference are nonetheless inherent in it.” Id. at 1347 (citing Standard Havens Prods., Inc. v. Gencor Indus., Inc., 953 F.2d 1360, 1369 (Fed.Cir.1991)); accord MEHL/Biophile Int’l Corp., 192 F.3d at 1365. Inherent anticipation arises when “the prior art necessarily functions in accordance with, or includes, the claimed limitations,” regardless of whether persons of ordinary skill in the art would “recognize the inherent characteristics or functioning of the prior art.” Atlas Powder Co., 190 F.3d at 1347 (citing In re King, 801 F.2d 1324, 1326 (Fed.Cir.1986)); accord MEHL/Biophile Int’l Corp., 192 F.3d at 1365; see also Atlas Powder Co., 190 F.3d at 1347-48. Accordingly, a defense' of inherent anticipation requires proof that the claimed element is an inherent property or function of the prior art: Inherency ... may not be established by probabilities or possibilities. The mere fact that a certain thing may result from a given set of circumstances is not sufficient. If, however, the disclosure is sufficient to show that the natural result flowing from the operation as taught would result in the performance of the questioned function, it seems to be well settled that the disclosure should be regarded as sufficient. MEHL/Biophile Int’l Corp., 192 F.3d at 1365 (quoting In re Oelrich, 666 F.2d 578, 581 (C.C.P.A.1981)). 2. Anticipation by the ’331 Patent Roxane first contends that the ’331 patent anticipates the patents in suit and thereby invalidates them pursuant to 35 U.S.C. § 102(e). See Levy Decl. ¶¶ 72-80. Section 102 states, in pertinent part, “A person shall be entitled to a patent unless — .... (e) the invention was described in a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent.” In this context, the parties dispute whether the ’331 patent is prior art relative to the patents in suit, a question that turns, at least initially, on whether the ’331 patent may be considered a patent “by another” within the meaning of § 102(e). a. Patent “by another” Pursuant to § 102(e) “[I]t is well settled that the applicant’s own prior work will not anticipate his later invention unless that prior work is such as to constitute a statutory bar under § 102(b).” 1 Donald S. Chisum, Chisum on Patents § 3.08[2], at 3-151 (1999) (citing Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1581 n. 47 (Fed. Cir.1987)). However, where the inventive entity listed on a prior art patent overlaps with the inventive entity listed on a later patent, but is not identical to the latter entity, the prior art patent constitutes a patent “by another” pursuant to § 102(e) and therefore is capable of anticipating the later patented invention. See In re Land, 54 C.C.P.A. 806, 368 F.2d 866, 875-81 (C.C.P.A.1966) (patents issued to individual inventors found capable of anticipating later joint invention, even though all inventions shared common assignee); see also In re Kaplan, 789 F.2d 1574, 1575 (Fed.Cir.1986). At first blush, the Land decision would appear to be controlling, given that Robert F. Kaiko is listed as an inventor of the patents in suit but not of the ’331 patent. Purdue argues, however, that the present case is governed by the decision of the Federal Circuit in Applied Materials, Inc. v. Gemini Research Corp., 835 F.2d 279 (Fed.Cir.1987). In that case, an initial patent application was filed, followed by two divisional patent applications, one of which was followed in turn by a continuation-in-part application. See id. at 280. The original application was eventually granted as Patent No. 3,623,712 (“the ’712 patent”), listing two inventors, and the continuation-in-part application was eventually granted as Patent No. 4,081,313 (“the ’313 patent”), listing the two ’712 inventors plus an additional third inventor. See id. at 280-81. In a subsequent action alleging infringement of the ’313 patent, the defense was raised that the ‘313 patent was anticipated by the ’712 patent. See id. at 279-80. The Federal Circuit rejected this argument, reasoning as follows: [T]he fact that an application has named a different inventive entity than a patent does not necessarily make that patent prior art. As this court held in In re Kaplan, 789 F.2d 1574 (Fed.Cir.1986): When the joint and sole inventions are related, as they are here, inventor A commonly discloses the invention of A & B in the course of describing his sole invention and when he so describes the invention of A & B he is not disclosing “prior art” to the A & B invention, even if he has legal status as “another” [35 U.S.C. § 102(e) ]. Id. at 1576, quoting, In re Land, 54 C.C.P.A. 806, 368 F.2d 866, 879 (C.C.P.A.1966) (emphasis in original). Even though an application and a patent have been conceived by different inventive entities, if they share one or more persons as joint inventors, the 35 U.S.C. § 102(e) exclusion for a patent granted to “another” is not necessarily satisfied. In this case the applications which matured into the ’712 and ’313 patents all grew from the same original application. Accordingly, if the invention claimed in the ’313 patent is fully disclosed in the ’712 patent, this invention had to be invented before the filing date of the ’712 patent and the latter cannot 102(e) prior art to the ’313 patent. See Land, 368 F.2d at 879 (“When the 102(e) reference patentee [’712] ... had knowledge of the joint applicants’ invention [’313] by being one of them, and thereafter describes it, he necessarily files the application after the [’313] applicant’s invention date....”) (emphasis in original). Thus, the district court erred because it [sic] invalidity decision was based on the incorrect premise that the ’712 patent was 102(e) prior art against the ’313 patent. Id. at 281 (alterations in original). On its facts, the Applied Materials decision is quite similar to the present case. It is less clear, however, whether the decision alters the general rule, applied in the Land decision, that an earlier patent is “by another” within the meaning of § 102(e) if the two inventive entities overlap but are not identical. It is unlikely that the Federal Circuit intended in Applied Materials to overrule that proposition, given that the Applied Materials decision cites Land with approval and makes no mention of reconsidering Land. See also 1 Chisum, Chisum on Patents § 3.08[2][a], at 3-156.1 to -156.4. Rather, Applied Materials holds that if a parent patent fully discloses an invention that in fact is the work of an overlapping inventive entity and that is claimed in a continuing application listing that entity, then the presence of that subject matter in the earlier patent indicates that the present invention was already in existence as of the filing date of the parent application. And on that rationale, the invention disclosed in the earlier patent does not constitute prior art capable of anticipating the present invention. See 1 Chisum, Chisum on Patents § 3.08[2][a], at 3-156.2. In this context, Purdue points out that, in order to prevail on its anticipation defense, Roxane must ultimately demonstrate that the ’331 patent discloses “ ‘every limitation’ ” of the patents in suit, either explicitly or inherently. Atlas Powder, 190 F.3d at 1346 (quoting In re Schreiber, 128 F.3d at 1477) (emphasis added). In other words, Purdue argues, a necessary premise of Roxane’s anticipation argument is that the patents in suit are “fully disclosed” in the ’331 patent as contemplated by Applied Materials. Therefore, Purdue reasons, assuming for the sake of argument that the ’331 patent discloses “every limitation” of the later inventions and thereby “fully disclos.e[s]” those inventions, Applied Materials is directly applicable to the present case, since (1) the inventive entities of the respective patents are overlapping, and (2) the additional inventor named in the later patents had knowledge of the later inventions at the time of the parent patent application, see generally Robert F. Kaiko Decl. Accordingly, Purdue concludes, because Applied Materials is directly applicable, Roxane’s anticipation defense must be rejected. Purdue’s reading of the disclosure requirement in Applied Materials is persuasive, given that the Federal Circuit rendered the decision in response to an anticipation defense and most likely had principles of anticipation in mind when it discussed the fact that the later invention was “fully disclosed” in the parent patent application. Purdue’s reading is the simplest and most obvious interpretation of the decision, and rejection of Roxane’s anticipation defense is appropriate on this basis alone. In the alternative, however, this Court will proceed to examine the additional arguments and counterarguments made by the parties in this context. b. Disclosure of the Present Inventions in the ’331 Patent Application In response, Roxane disputes the applicability of Applied Materials to the present case by attacking Purdue’s contention that the disclosure required to demonstrate anticipation is equivalent to the disclosure required by the Applied Materials decision. Specifically, Roxane highlights the statement in Applied Materials that “if the invention claimed in the ’313 patent is fully disclosed in the ’712 patent, this invention had to be invented before the filing date of the ’712 patent and the latter cannot be 102(e) prior art to the ’313 patent.” 835 F.2d at 281 (emphasis added). On this basis, Roxane argues that it would be anomalous for this Court to find that the present inventions are “fully disclosed” in the ’331 patent application unless the ’331 application is also found to satisfy the disclosure requirements of 35 U.S.C. §§ 112 and 120. Section 120, on which Roxane relies, generally governs the antedating of a continuation application in order to obtain the earlier filing date of a parent patent application. That statute read