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Claim Construction and Summary Judgment Decision on Anthracycline Glycoside Patent

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In Pharmacia & Upjohn Co. v. Sicor Inc. & Sicor Pharms., Inc, C.A. No. 04-833 (D. Del. Aug. 17, 2006) (Jordan, J.), the District Court construed the following terms in the context of a pharmaceutical patent for a ready to use form of anthracycline glycoside: “physiologically acceptable,” “anthracycline glycolside,” “sealed container,” and “storage stability.” Judge Jordan denied defendant’s motions for summary judgment on issues of non-infringement, invalidity for lack of a written description and on anticipation. Plaintiff’s motion for summary judgment on anticipation was granted.

Pharmacia & Upjohn Co. v. Sicor Inc. & Sicor Pharms., Inc., C.A. No. 04-833 (D. Del. Aug. 17, 2006) (Jordan, J.)

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