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Chief Judge Sleet Construes Terms of Patents Related to Metered-Dose Inhalers

Chief Judge Sleet recently issued an order construing several disputed terms of pharmaceutical patents directed to metered-dose inhalers. Judge Sleet construed the following terms of the patents, which are listed in the Orange Book for Teva’s Proair HFA product:

– “no surfactant”
– “pharmaceutical suspension aerosol formulation”
– “substantially free of surfactant”
– “substantially completely insoluble”
– “in the amount of 11.4% w/w”
– “in the amount of 0.4% w/w”
– “in the amount of 88.2% w/w”
– “actuator”
– “a rotary gear…comprising a wheel mounted on a spindle which wheel having a plurality of ratchet teeth around its periphery”
– “a driver for driving said rotary gear in step-wise fashion in response to displacement of the actuator”
– “a pawl to prevent reverse rotation of the rotary gear… wherein the pawl comprises at least two ratchet teeth each for engaging with the ratchet teeth of the wheel to prevent reverse rotation of the rotary gear, the at least two ratchet teeth being radially spaced such that one of the at least two ratchet teeth of the pawl engages with the ratchet teeth of the wheel following each step of the step-wise rotary motion of the rotary gear”
– “display coupled to the rotary gear … having a visible array of incrementing integers on a surface thereof indexable by a single integer in response to each step of the step-wise rotary motion of the rotary gear”
– “the pawl”
Teva Branded Pharmaceutical Products R&D, Inc., et al. v. Perrigo Pharmaceuticals Co., et al., C.A. No. 12-1101-GMS, Order at 1-18 (D. Del. May 12, 2014).

Teva Branded Pharmaceutical Products R&D, Inc., et al. v. Perrigo Pharmaceuticals Co., et al., C.A. No….

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