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Salix Pharmaceuticals, Inc. v. Novel Laboratories, Inc.

United States District Court, D. Delaware

July 10, 2015

SALIX PHARMACEUTICALS, INC. and DR. FALK PHARMA GmbH, Plaintiffs,
v.
NOVEL LABORATORIES, INC., Defendant.

ORDER CONSTRUING THE TERMS OF U.S. PATENT NOS. 6, 551, 620; 8, 337, 886; 8, 496, 965; 8, 865, 688

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 Nos. 6, 551, 620 ("the '620 Patent"); 8, 337, 886 ("the '886 Patent"); 8, 496, 965 ("the '965 Patent"); and 8, 865, 688 ("the '688 Patent"):

The '620, '886 & '965 Patents

1. The term "core" is construed to mean "a composition which achieves controlled release of the active compound in the intestinal tract without the aid of a coating."[1]

The '688 Patent

2. The term "without food" is construed to have its plain and ordinary meaning.[2]

3. The term "remission is defined as a DAI score of 0 or 1" is construed to mean "remission is a DAI score of 0 or 1 as calculated by the sum of the four subscores based on stool frequency, bleeding, mucosal appearance on endoscopy, and physician's rating of disease activity.[3]

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