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Kent A. Jordan and Leonard P. Stark: Recent D. Del. Claim Construction Decisions


Several claim construction decisions have recently issued out of the District of Delaware:

Symbol Technologies Inc. v. Janam Technologies Inc., C.A. No. 08-340-JJF/LPS (D. Del. Dec. 1, 2008) (Stark, M.J.)

On Monday, Magistrate Judge Leonard P. Stark recommended to District Judge Joseph J. Farnan Jr. construction of a number of terms and phrases related to a mobile-computer patent:

“a portable point of sale terminal”
“electromagnetic transceiver”
“without installing new software on the wireless terminal”
The procedural posture is notable: the Court construed the terms only tentatively, giving the parties guidance in preparation for an upcoming preliminary injunction hearing.

Purdue Pharma Products LP v. Par Pharmaceutical Inc., C.A. No. 07-255-KAJ (D. Del. Nov. 4, 2008) (Jordan, J.) (Part I) (Part II)

Last month, a claim construction decision issued in an ANDA case related to pain medication. The Court construed the following terms:

“therapeutic effect”
“A [solid] controlled release oral [dosage form/pharmaceutical preparation/pharmaceutical tablet] . . . said [dosage form/pharmaceutical preparation/pharmaceutical tablet] providing a therapeutic effect for [at least] about 24 hours”
“therapeutic effect for about 24 hours after oral administration”
“therapeutic effect for at least about 24 hours”
“a pharmaceutically effective amount of tramadol or a salt thereof”
“normal release matrix”
Of additional interest is the decision’s author: Third Circuit Judge Kent A. Jordan, formerly of the District of Delaware. Chief Judge Anthony J. Scirica has designated Judge Jordan to preside over this case.

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