Claims Are Construed In An ANDA Case

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Reckitt v. Aurobindo, C.A. No. 14-1203-LPS,November 3, 2016.

Stark, C. J.   Claim construction opinion issues regarding four terms from two patents.  A Markman hearing took place on August 9, 2016.

The disputed terms are related to controlled-release formulations of the drug guaifenesin. The following terms were considered:

  1. “portion”
  2. “modified release drug product”
  3. “release-delaying matrix”
  4. “immediate release formulation wherein the guaifenesin becomes bioavailable in a subject's stomach”

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