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Magistrate Judge Burke issues report and recommendation construing claim terms.

Magistrate Judge Christopher J. Burke recently issued a report and recommendation construing several claim terms in U.S. Patent No. 6,500,829, entitled “Substantially Pure Diastereoisomers of Tetrahydrofolate Derivatives”.  Spectrum Pharmaceuticals, Inc., et al. v. Innopharma, Inc., et al., C.A. No. 12-260-RGA-CJB (D. Del. July 3, 2014).

The parties agreed on the proper construction of the following claim terms:

•    “the balance of said compound consisting of the (6R) diastereoisomer”
•    “the balance of said composition consisting of the (6R) diastereoisomer”
•    “A pharmaceutical composition for therapeutic use”
•    “A pharmaceutical composition for therapeutic use for the treatment of human beings”
•    “for therapeutic use for the treatment of human beings”
•    “a pharmaceutically acceptable compound”
•    “a pharmaceutically acceptable composition”
•    “a polar solvent”
•    “said mixture of (6S) and (6R) diastereoisomers is present in said composition in an amount of at least about 10 grams”

Magistrate Judge Burke then construed the following disputed claim terms:

•    “mixture”
•    “percentage”
•    “said composition being of a quantity at least sufficient to provide multiple doses of said mixture of (6S) and (6R) diastereoisomers in an amount of 2000 mg per dose”

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