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Teva Pharmaceuticals Usa, Inc. v. Forest Laboratories, Inc.

United States District Court, D. Delaware

July 9, 2015

TEVA PHARMACEUTICALS USA, INC. and MAYNE PHARMA INTERNATIONAL PTY LTD., Plaintiffs,
v.
FOREST LABORATORIES, INC., Defendant.

ORDER CONSTRUING THE TERMS OF U.S. PATENT NO. 6, 194, 000

GREGORY M. SLEET, District Judge.

The court having considered the submissions of the parties and having heard oral argument on the matter-IT IS HEREBY ORDERED, ADJUDGED, and DECREED that, as used in the asserted claims of U.S. Patent No. 6, 194, 000 ("the '000 Patent"):

1. The term "wind-up" is construed to mean "an increase in output to a repeated or constant input, resulting in an exaggerated pain response."[1]
2. The term "to diminish or abolish wind-up" is construed to mean "to diminish or abolish wind-up in the human or animal subject of the administration."[2]
3. The preamble phrase "for the administration... to a human or animal subject for the treatment of pain" is construed not to be limiting.[3]
4. The terms "immediate release form" and "immediate release" are construed to mean "pharmaceutical form in which the release of the active ingredient is not delayed and/or extended" and "release that is not delayed and/or extended, " respectively.[4]
5. The terms "sustained release form" and "sustained release" are construed to mean "pharmaceutical form in which the release of the active ingredient is delayed and/or extended" and "release that is delayed and/or extended, " respectively.[5]
6. The term "immediate release form and sustained release form being present in sufficient amounts" is construed to mean "immediate release form and sustained release form together being present in sufficient amounts."[6]

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