Say a drug works best at 5 uM at some receptor or enzyme or whatever. A patent will often say a wt%, say .001 wt% to 10 wt%. The reason this is meaningless is that with manipulation, another wt% outside that range can still be manipulated to achieve 5 uM serum concentration. If the wt% is less, take more pills, if the wt% is more take fewer, take them less often, use a patch or injection, there are workarounds to get to 5 uM. That is to say that wt% confers no real information.
But if a patent says the drug is dosed to achieve a serum concentration of 5 uM, doesn't that obviate all possible infringement by various wt%-s which are only the route to achieve 5 uM? This is what I think.
So if a patent says that the drug works best when dosed to achieve a serum level of around 5 uM, then would not any wt% which achieves 5uM infringe?