In Aventis Pharma S.A. v. Hospira, Inc., Judge Sleet construed several terms related to three patents on technology involving taxane (an anti-cancer drug) derivatives. C.A. Nos. 07-721-GMS, 08-496-GMS, Amended Order (D. Del. Oct. 5, 2009).
- “stock solution“: The Court construed this term consistent with its plain meaning to mean “a concentrated solution.”
- “essentially free or free of ethanol“: The Court construed this term to mean “no more than 5% ethanol by volume” for a stock solution” and “the same amount of ethanol as a stock solution with no more than 5% ethanol by volume” for a perfusion.
-”dissolved“: The Court gave this term its plain and ordinary meaning.
-”consisting essentially of“: The Court construed this common claim term to mean “composed of the listed ingredients and may include other ingredients that do not affect the basic and novel properties of the invention.”
-”which contains“: The Court foundt his term to be an open ended term which does not exclude additiona ingredients and therefore construed the term mean “comprising.”
-”Taxotere“: The Court construed this term to mean the chemical compound “docetaxel.”
-”capable of being injected without anaphylactic or alcohol intoxication manifestation“: The Court construed this term to mean “having reasonable expectation of being injected without causing anaphylactic or alcohol intoxication manifestation.”