Unimed Pharmaceuticals, LLC, et al. v. Perrigo Company, et al., C.A. No. 13 – 236 – RGA, March 11, 2015.
Andrews, J. Court issues a claim construction opinion in ANDA case regarding terms from nine patents.
The disputed technology relates to the administration of testosterone. The following terms were construed:
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“consisting essentially of”
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“gelling agent”
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“Ethanol”
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“hydroalcoholic gel consisting of”
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“1.0% to 10.0% (w/w) of 0.1 N sodium hydroxide”
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“7.0% (w/w) 0.1 N sodium hydroxide”; “The amount of the .01 N sodium hydroxide is 7.0% (w/w)”; “The 0.1 N sodium hydroxide is in an amount of7.0% (w/w)”
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“0.1 N sodium hydroxide”
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“composition consisting of”
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“gel pharmaceutical composition [ … ] obtained by combining the following ingredients which consist of”
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“[T)he amount of sodium hydroxide is in the range of 1.0% to 10% (w/w) of 0.l N sodium hydroxide”
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“0.1 N sodium hydroxide”
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“gelling agent”
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“dehydrated ethanol”