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DAIICHI PHARMACEUTICAL CO., LTD. v. APOTEX

August 5, 2005.

DAIICHI PHARMACEUTICAL CO., LTD. and DAIICHI PHARMACEUTICAL CORPORATION, Plaintiffs,
v.
APOTEX, INC. and APOTEX CORP., Defendants.



The opinion of the court was delivered by: WILLIAM BASSLER, District Judge

ORDER

This matter having come before the Court on the motions of DAIICHI PHARMACEUTICAL CO., LTD. and DAIICHI PHARMACEUTICAL CORPORATION ("Plaintiffs") and APOTEX, INC. and APOTEX CORP. ("Defendants") to construe certain disputed claim terms in U.S. Patent No. 5,401,741 (the "741 patent"); and

The Court having considered the submissions of the parties; and

  The Court having conducted a hearing pursuant to Markman v. Westview Instr., 52 F.3d 967 (Fed. Cir. 1995) (en banc), aff'd, 517 U.S. 370 (1996); and

  For the reasons set forth in the Opinion issued this day; and

  For good cause shown;

  It is on this 5th day of August 2005 ORDERED that:
(1) the term "otopathy" as used in the claims of U.S. Patent No. 5,401,741 is properly construed to mean "bacterial ear infection;" (2) the term "effective to treat as used in the claims of U.S. Patent No. 5,401,741 is properly construed to mean "safe and efficacious;" and
(3) the term "intratympanically injected through a puncture of the tympanic membrane" as used in the claims of U.S. Patent No. 5,401,741 is ...

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