March 28, 2008--A federal judge (STANLEY R. CHESLER) delivered a mixed ruling in Shire Laboratories Inc.'s patent lawsuit against generics maker Corepharma LLC over Shire's anti-seizure drug Carbatrol, accepting Corepharma's proposed construction of one disputed term and rejecting its constructions of three others.
Shire Laboratories, Inc. and Defendant Corepharma, LLC have filed an application for claim construction to resolve disputes over the construction of four claim terms in U.S. Patent No. 5,326,570 (“the ‘570 patent”).
Court Ordered that
(1) the term “unit” in claims 1 and 18 of the ‘570 patent shall be construed in all future proceedings, pursuant to Markman v. Westview Instruments, Inc., 52 F.3d 967 (Fed. Cir. 1995), as a single thing or entity that is a constituent or isolable member of a more inclusive whole, being the least part of the whole to have a clearly definable existence separate or different from other parts of the whole; and
(2) the term “immediate release unit” in claims 1 and 18 of the ‘570 patent shall be construed in all future proceedings, pursuant to Markman, 52 F.3d 967, as a unit, as defined above, which begins to release the carbamazepine upon ingestion; and
(3) the term “sustained release unit” in claims 1 and 18 of the ‘570 patent shall be construed in all future proceedings, pursuant to Markman, 52 F.3d 967, as a unit, as defined above, which provides for a gradual release of carbamazepine over time in the gastro-intestinal tract; and
(4) the term “enteric release unit” in claims 1 and 18 of the ‘570 patent shall be construed in all future proceedings, pursuant to Markman, 52 F.3d 967, as unit, as defined above, which provides for a delayed release of carbamazepine in the lower gastro-intestinal tract.
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