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Judge Robinson: claim construction order construing terms of four patents relating to coronary stents

In Boston Scientific Corp., et al. v. Johnson & Johnson, Inc., et al., C.A. No. 07-333-SLR (D. Del. Jan. 20, 2010), Judge Robinson construed the following terms as follows:

1. Stent
A device for providing support for a lumen in the body.

2. Biocompatible
Able to perform its function in the body with an acceptable biological response.

3. Therapeutic agent
A substance administered to treat or prevent a disease or condition.

4. Drug
A substance administered to treat or prevent a disease or condition.

5. Polymer
A material formed by polymerization and comprising repeating units of the same (homopolymer) or different (copolymer) types of monomers.

6. Copolymer
A polymer having two or more different types of monomers.

7. Polymeric carrier
A material comprised of at least one polymer that is formulated with the therapeutic agent.

8. Polymeric coating; coating
Covering layer(s) comprising a mixture of both a polymer and the therapeutic agent or drug.

9. Acrylate-based polymer or copolymer
A polymer in which at least one of the types of monomers is based on the structure of a salt or ester of acrylic acid.

10. Fluorinated polymer
A polymer containing one or more fluorine atoms.

11. Poly(ether-ester) copolymer
A polymer containing one monomer that includes an ether and another monomer that includes an ester.

12. Rapamycin or a macrocyclic lactone analog thereof
Sirolimus or a macrocyclic lactone molecule with a striction similar to sirolimus.

13. Rapamycin
Sirolimus and all analogs, derivatives and congeners that bind FKBP12 and possess the same pharmacologic properties as sirolimus.

14. Macrocyclic triene analog
A macrocyclic triene molecule with a structure similar to rapamycin and that binds FKB12.

15. An amount effective to inhibit neointimal proliferation
An amount sufficient to diminish neointimal proliferation.

16. Provides a controlled release of said therapeutic agent over a period of several weeks
Therapeutic agent is discharged gradually over the course of several weeks.

17. Releases
Discharges
18. Mixture; mixture thereof; blend thereof; incorporated into
Combination of two or more substances, or the act of combining said materials.

19. Applied; applied thereto; onto the stent; affixed to the intraluminal stent
Attached to the stent.

20. In-stent late loss
The minimal lumen diameter within the stent immediately following implantation minus minimal lumen diameter within the stent at a specified time following implantation.

21. In-stent diameter stenosis
100 X [1 – minimal lumen diameter/reference vessel diameter].

22. Quantitative coronary angiography
A test to measure the lumen diameter of coronary vessels.

23. Mean in-stent loss
The average of in-stent late loss values.

24. Human population
A class of people distinguished by particular traits or characteristics.

25. Mean in-stent diameter stenosis
The average of in-stent diameter stenosis values.

26. About
Approximately.

Boston Scientific Corp., et al. v. Johnson & Johnson, Inc., et al., C.A. No. 07-333-SLR (D. Del. Jan. 20, 2010)

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