Judge Andrews recently issued a claim construction opinion in Shire LLC’s case against Teva Pharmaceuticals regarding a generic form of the pediatric ADHD drug Intuniv. Shire LLC v. Teva Pharmaceuticals USA Inc., C.A. No. 10-329-RGA (March 22, 2012). Judge Andrews construed the following terms of the three patents-in-suit:
- “without inducing excessive sedation”
- “readministering the dose at an interval required to obtain a desired level and duration of behavioral inhibition”
- “non-pH dependent sustained release agent”
- “pH dependent agent that increases the rate of release of said at least one pharmaceutically active agent from the tablet at a pH in excess of 5.5”
- “enteric agent”
- “agent that increases the solubility of said at least one pharmaceutically active agent at a pH of greater than 5.5”
- “agent that maintains an acidic microenvironment in the composition”
- “reducing the likelihood of side effects associated with the administration of guanfacine”
Shire LLC v. Teva Pharmaceuticals USA Inc., C.A. No. 10-329-RGA (March 22, 2012).
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