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Chief Judge Sleet Construes Terms of Sunscreen Patents

Chief Judge Gregory Sleet recently construed the terms of two patents held by L’oréal and covering certain sunscreen compositions. Judge Sleet construed the following terms of the patents-in-suit:
– “cosmetically acceptable vehicle”
– “effective amount”
– “effective amount of at least 1% by weight”
– “cosmetic screening composition”
– “cosmetic”
– “cosmetically acceptable vehicle”
L’oréal S.A., et al. v. Johnson & Johnson Consumer Co., Inc., et al., C.A. No. 12-98-GMS, Order at 2-8 (D. Del. July 19, 2013). Judge Sleet also refused to construe certain preamble terms—including terms used in one claim at issue that was a Jepson claim—which did not recite “additional structure or steps underscored as important by the specification” and were therefore not claim limitations requiring construction. Id. at 2-4 n.2.

L’oréal S.A., et al. v. Johnson & Johnson Consumer Co., Inc., et al., C.A. No. 12-98-GMS, Order (D. Del…

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