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Cornerstone Biopharma Inc. v. Exela Pharma Sciences Llc

United States District Court, D. Delaware

July 9, 2015

CORNERSTONE BIOPHARMA INC., et al, Plaintiffs,
v.
EXELA PHARMA SCIENCES LLC, et al, Defendants.

ORDER CONSTRUING THE TERMS OF U.S. PATENT NOS. 7, 612, 102; 7, 659, 290; 7, 659, 291 and 8, 455, 524

After having considered the submissions of the parties, and hearing oral argument on the matter, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that, as used in the asserted claims of U.S. Patent Nos. 7, 612, 102 ("the '102 patent"); 7, 659, 290 ("the '290 patent"); 7, 659, 291 ("the '291 patent"); and 8, 455, 524 ("the '524 patent") (collectively, the "patents-in-suit"):

1. The term "a pre-mixed aqueous solution" is construed to mean "a ready-to-use aqueous solution that is already mixed from the point of manufacture and is stable at room temperature for 6 months or longer."[1]

2. The term "buffer" is construed to mean "a system capable of maintaining the pH within an optimal pH range."[2]

3. The term "buffer in an amount to maintain pH from about 3.6 to about 4.7" is construed to mean "a system capable of maintaining the pH within an optimal pH range in an amount to maintain pH from about 3.6 to about 4.7."[3]

4. The term "one year or three months 'at room temperature'" is construed to have its plain and ordinary meaning."[4]


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