In a recent claim construction order, Chief Judge Sleet construed the following claims from two patents relating to plaintiff Stiefel Laboratories, Inc.’s OLUX-E® (clobetasol propionate) Foam, 0.05%:
“occlusive agent”
“an amount sufficient to form an occlusive layer on the skin, in use”
“an amount up to 50% by weight, based on the total weight of the composition”
“insoluble”
Stiefel Laboratories, Inc. v. Perrigo Israel Pharmaceuticals Ltd., C.A. No. 10-592-GMS (D. Del. May 11, 2012).
Delaware IP Law Blog 