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Judge Sleet: Pharmaceutical Patent Terms Construed

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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:

  1. “Delayed release”
  2. “Particulates”
  3. “Particulates, at least a portion of which releases trospium chloride in the lower gastrointestinal tract”
  4. “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”
  5. “Maximum toxic blood or plasma concentration”
  6. “Minimixing the occurrence of adverse side effects following oral administration of an immediate release formulation containing 40 mg of trospoum chloride”
  7. “Minimum therapeutically effective blood or plasma concentration”
  8. “About”
  9. “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.”
  10. “Release controlling polymer”

Allergan, Inc. v. Watson Laboratories, Inc., C.A. No. 09-51 (D. Del. Dec. 8, 2010) (order)

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