In a series of related actions, Chief Judge Leonard P. Stark issued a claim construction opinion in which he concluded that the relevant claims’ preambles were limiting. E.g., Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al, C.A. No. 13-1987-LPS (D. Del. Nov. 16, 2016).
The Court concluded that the preamble section “method for [the] treatment of Hepatitis C virus infection” that appeared in both patents were claim limitations, as argued by Plaintiffs. Id. at 8-10. The Court concluded that the preambles were “essential to understand[ing] limitations or terms in the claim body” because “a full understanding of the ‘effective amount’ terms [in the claims] depends on what the relevant compounds must be effective for,” i.e., the treatment of Hepatitis C. Id. at 9-10 (alterations and emphasis in original) (citations omitted). The Court also adopted Plaintiffs’ proposal that this limitation be given its plain and ordinary meaning. Id. at 10.