Aptalis Pharmatech Inc. et al. v. Apotex Inc. et al., C.A. No. 14-1038-SLR, December 8, 2016.

Robinson, J.  The court enters judgment against defendants following 2-day bench trial. Trial took place on November 16 and 17, 2015.

The disputed product relates to cyclobenzaprine formulations with extend release coatings. In particular, the dispute turned on whether the accused product contained a water soluble polymer membrane surrounding the active ingredient particles. Defendants argue that anything other than complete individual coverage falls outside the claimed invention. The court disagrees and finds that defendants’ interpretation is inconsistent with the court’s interpretation of “extended release coating” and the parties’ agreed construction of “a water insoluble polymer covering that surrounds the active core.”