United States District Court, D. New Jersey
OPINION & ORDER
Stanley R. Chesler, U.S.D.J.
matter comes before the Court on the application for claim
construction by Plaintiff Impax Laboratories, Inc.
(“Impax”) and Defendants Cadila Healthcare Ltd.
and Zydus Pharmaceuticals (USA), Inc. (collectively,
“Zydus”). In this patent infringement suit
involving a pharmaceutical patent, the parties seek
construction of a claim term in U.S. Patent No. 9, 089, 608
(“the '608 patent”).
parties dispute the construction of the term “a
controlled release oral solid formulation of levodopa”
in claim 21, which states:
controlled release oral solid formulation of levodopa having
a median levodopa plasma or serum concentration profile
a. a time of administration;
b. a first concentration at a first time, that occurs within
one hour of said time of administration;
c. a second concentration at a second time, that occurs after
said first time;
d. a third concentration at a third time, that occurs at
least four hours after said second time;
wherein said second concentration is equal to the maximum
concentration of said profile; said first concentration is
equal to about fifty percent of said second concentration;
said third concentration is equal to about fifty percent of
said second concentration.
contends that the term has its ordinary meaning and does not
contends that the term should be construed as follows:
controlled release oral solid formulation of levodopa that
(a) a controlled release component comprising a mixture of
levodopa, a decarboxylase inhibitor and a rate ...