Judge Andrews Construes Two Remaining Disputed Terms of Patent Relating to Improved Process to Convert Benzindene Triol to Trespostinil

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By Memorandum Opinion entered by The Honorable Richard G. Andrews in United Therapeutics Corporation v. Liquidia Technologies, Inc., Civil Action No. 20-755-RGA (D.Del. November 18, 2021), the Court issued its claim construction of the two remaining disputed terms of U.S. Patent No. 9,604,901 (“the ‘901 patent”) relating to “an improved process to convert benzindene triol to treprostinil via salts of treprostinil and to purify treprostinil.”  The Court adopted the plain and ordinary meaning of the disputed term “pharmaceutical batch” (claims 1-4, 6 and 8) and adopted Defendant’s proposed construction of the disputed term “contacting the solution comprising treprostinil from step (b) with a base to form a salt of treprostinil” (claims 1 and 8).

A copy of the Memorandum Opinion is attached.

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