Amgen Inc. et al. v. Hospira, Inc., C.A. No. 15-839-RGA, November 30, 2016.
Andrews, J. Claim construction opinion issues regarding two terms from one patent. A Markman hearing took place on September 21, 2016.
The disputed technology relates to pharmaceutical compositions containing isoforms or mixtures thereof. The following terms were considered:
1. "an isolated ... isoform" ;
2. “isolated . . . isoform”
In addition, claim 8 is found to be invalid in violation of section 112 because it improperly narrows claim 1. Claim 1 requires only one isoform, while claim 8 consists of two or three isoforms.
