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`Kelly E. Farnan
`Director
`302-651-7705
`Farnan@rlf.com
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`May 19, 2016
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`BYCM/ECF AND HAND DELIVERY
`The Honorable Richard G. Andrews
`United States District Court
`District of Delaware
`844 N. King Street
`Wilmington, DE 19801
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`Re: Hospira, Inc. v. Amneal Pharmaceuticals LLC, C.A. No. 15-697-RGA
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`Dear Judge Andrews:
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`I write further to our letter of May 4, 2016 (D.I. 48) on behalf of Defendant Amneal
`Pharmaceuticals LLC (“Amneal”) regarding U.S. Patent No. 9,320,712 (the “’712 patent”), the
`supplemental authority provided after filing of the Joint Claim Construction Brief (D.I. 44). Our
`May 4 letter notified your Honor that Amneal intended to address the newly-issued ’712 patent
`at the claim construction hearing, originally scheduled for May 17. However, pursuant to the
`Oral Order (D.I. 54) of May 16, 2016, the claim construction hearing was cancelled, preventing
`Amneal from addressing the ‘712 Patent and its relevance to the construction of the term
`“dexmedetomidine.”
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`Briefly, the ‘712 Patent, has the same specification as the patents in suit, is related to the
`Patents-in-suit and is intrinsic evidence relevant to claim construction inquiries at issue in this
`case. Claim 1 of the ‘712 Patent recites a “ready to use liquid pharmaceutical composition for
`parenteral administration” comprising “dexmedetomidine…wherein the dexmedetomidine is
`formulated as a hydrochloride salt.” (emphasis added). The plain language of the ‘712 patent
`claims makes clear that dexmedetomidine is a free base compound which is formulated as a
`hydrochloride salt. Consistent with the Patents-in-suit, the ‘712 Patent makes clear that
`dexmedetomidine refers only to the free base form of the compound, since only the free base
`form can be “formulated as a hydrochloride salt.”
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`RLF1 14556025v.1
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`Case 1:15-cv-00697-RGA Document 56 Filed 05/19/16 Page 2 of 2 PageID #: 888
`The Honorable Richard G. Andrews
`May 19, 2016
`Page 2
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`If Your Honor has any questions concerning the foregoing, counsel remains available at
`the Court’s convenience.
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`Respectfully,
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`/s/ Kelly E. Farnan
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`Kelly E. Farnan (#4395)
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`cc:
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`RLF1 14556025v.1
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`Counsel of Record (by CM/ECF)
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