Claim Term Is Construed In Lacosamide ANDA Case

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UCB, Inc. et al. v. Accord Healthcare, Inc., et al., C.A. No. 13-1206-LPS, May 14, 2015

Stark, C.J.  Claim construction ruling issues on one term from the patent-in-suit.  Multimedia technology tutorials had been submitted, and a claim construction hearing took place on December 15, 2014.

The disputed product is an anticonvulsant drug Vimpat, with lacosamide as the active ingredient.  The court construes the term “therapeutic composition” which appears in the preamble.  The court finds that the term is a claim limitation, as it states a fundamental characteristic of the invention necessary to give meaning to a claim.

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