Claims Are Construed In ANDA Case

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In Re Copaxone 40 MG Consolidated Cases, C.A. No. 14-1171 – GMS, February 7, 2016.

Sleet, J.   Claim construction opinion issues regarding three terms from four patents.  A Markman hearing took place on February 5, 2016

The disputed technology relates to the drug Copaxone. Thirty-one terms were found to be non-limiting. The following terms were considered:

  1. “a continuous treatment requiring three and only three subcutaneous injection each and every week [with at least one day between every injection]”
  2. “brain atrophy”
  3. “reduced severity” and “reduced frequency and severity of immediate post injection site reactions and injection site reactions”

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