Judge Sleet: Pharmaceutical Patent Terms Construed
On Wednesday, Judge Sleet issued a claim construction order in Allergan, Inc. v. Watson Laboratories, Inc., C.A. No. 09-51 (D. Del. Dec. 8, 2010) (order). The following ten terms were construed:
- "Delayed release"
- "Particulates, at least a portion of which releases trospium chloride in the lower gastrointestinal tract"
- "Provides steady state blood levels of trospoum that are comparable to steady state blood levels of trospium achieved with twice daily administration of 20 mg immediate release trospiumm tablets"
- "Maximum toxic blood or plasma concentration"
- "Minimixing the occurrence of adverse side effects following oral administration of an immediate release formulation containing 40 mg of trospoum chloride"
- "Minimum therapeutically effective blood or plasma concentration"
- "In which at least a portion of said trospium chloride is contained in a delayed release formulation, which releases trospium chloride in the lower GI tract."
- "Release controlling polymer"