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Chief Judge Sleet Construes Claims of Pfizer Patents Covering Cancer Treatment Drug

Chief Judge Sleet recently issued a claim construction order in Pfizer Inc. v. Mylan Pharm., Inc., C.A. No. 10-528-GMS (D. Del. Feb. 21, 2012). Judge Sleet construed the following terms:
– “Catalytic activity” was given the meaning of the “inventor’s lexicography” in the patent specification.
– “Contacting” was also given the meaning given by the patentee in acting as its own lexicographer.
– “Abnormal condition” was given the meaning agreed to by the parties before the hearing.
In construing these terms, Judge Sleet rejected the defendant’s attempts to add a limitation that the method or effect must be in vitro. When the patentee wanted such an in vitro limitation in the patents-in-suit, it had expressly included one. Furthermore, the definitions in question clearly stated that an in vitro measurement method is merely one example among several possibilities.


Pfizer Inc. v. Mylan Pharm., Inc., C.A. No. 10-528-GMS (D. Del. Feb. 21, 2012).

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