In Alza Corporation v. Kremers Urban LLC, the Court construed the term “administering” as it appears in the patent-in-suit to mean “administering once daily.” C.A. No. 10-23-LPS, Memo. Op. (Aug. 29, 2011). Defendants argued that the claim language supported a construction of multiple dose administration. Id. at 4. The Court found that although the claim language favored a construction of multiple doses, “the remainder of the specification favors Plaintiffs’ position. . . .” Id. at 16. Specifically, the patent teaches away from a multiple dose administration by stressing the fact that the once a day treatement solved a problem in the prior art. Id. at 12-13.
Alza Corporation v. Kremers Urban LLC, C.A. No. 10-23-LPS, Memo. Op. (Aug. 29, 2011).
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