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Chief Judge Sleet construes claim terms relating to pharmaceutical treatment of constipation.

Chief Judge Gregory M. Sleet recently construed claim terms of five patents in an ANDA case relating to lubiprostone capsules, used for the treatment of constipation. Sucampo AG, et al. v. Anchen Pharmaceuticals, Inc., et al., C.A. No. 13-202-GMS (D. Del. May 5, 2014). The Court first adopted the parties’ proposed construction of the claim term “13, 14-dihydro-15-keto-16, 16-difluoro prostaglandin E1” and then construed the disputed claim term “medium chain fatty acid” to mean “saturated or unsaturated fatty acids having 6-14 carbon atoms which may have a branched chain that are components of a medium chain fatty acid triglyceride.”

Sucampo AG, et al. v. Anchen Pharmaceuticals, Inc., et al., C.A. No. 13-202-GMS (D. Del. May 5, 2014). by YCSTBlog

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