Claims Are Construed In Nameda Dispute

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Forest Laboratories, Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., C.A. Nos. 14-121-LPS; 14-200-LPS;14-508-LPS; 14-686-LPS; 14-1058-LPS; 14-1271-LPS, January 5, 2016.

Stark, C.J.

The disputed technology relates to pharmaceutical formulations. The following terms were considered:

  1. “a modified release solid oral dosage form”
  2. “substantially contributing to the modification of the release”
  3. “plasma memantine concentration profile”
  4. “change in memantine concentration as a function of time ( dC/dT) that is less than 50% that of an immediate release dosage form comprising the same dose of memantine as the composition”
  5. “change in plasma concentration as a function of time ( dC/dT) in a defined time period of 0 to 6 hours after administration ... that is less than about 50% of the dC/dT provided by the same quantity of an immediate release form of memantine in said defined time period”
  6. “the dC/dT is measured between the time period of 0 to Tmax of the immediate release form of memantine”
  7. “comprising an extended release formulation of 22.5 mg to 33. 75 mg memantine, or a pharmaceutically acceptable salt thereof”

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