Mayne Pharma International Pty Ltd. v. Merck & Co., Inc., et al., C.A. No. 15-438-LPS, December 27, 2016.
Stark, C. J. Claim construction opinion issues regarding seven terms from one patent. A Markman hearing took place on October 24, 2016.
The disputed technology relates to pharmaceutical compositions for poorly soluble, antifungal drugs. The following terms were considered:
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“consisting essentially of”
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“wherein in vivo the composition provides a mean CMAX of at least 100 ng/ml, after administration in the fasted state”
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“wherein in vivo the composition provides a mean AUC of at least 800 ng.h/ml, after administration in the fasted state”
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“in vivo”
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“pharmaceutical composition”
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“azole antifungal drug”
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“polymer having acidic functional groups”