`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`BAXTER HEALTHCARE CORPORATION,
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` Plaintiff,
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`v.
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`HOSPIRA, INC. and ORION CORP.,
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` Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 18-303-RGA
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`JOINT CLAIM CONSTRUCTION CHART
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`Pursuant to Paragraph 8 of the Court’s Scheduling Order (D.I. 21), Plaintiff Baxter
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`Healthcare Corporation (“Baxter”) and Defendants Hospira, Inc. and Orion Corp. (“Defendants”)
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`hereby submit this Joint Claim Construction Chart, attached hereto as Exhibit A, in preparation for
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`the claim construction hearing scheduled in this matter. The parties certify that in accordance with
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`the Scheduling Order, they met and conferred on June 14, 2018 to narrow the number of claim
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`construction issues in this case.
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`This Chart addresses the claim construction positions of the parties regarding U.S. Patent
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`No. 6,716,867 (the “’867 Patent”),1 and the parties agree that any terms in the asserted claims of
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`the ’867 Patent not appearing in Exhibit A do not require construction by the Court. In support of
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`this Chart, the parties have included three additional exhibits, B-D. Exhibit B includes a copy of
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`the intrinsic evidence that Baxter may rely on in support of its proposed constructions, while
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`Exhibit C includes a copy of the intrinsic evidence that Defendants may rely on in support of their
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`proposed constructions. Exhibit D contains a copy of the ’867 Patent.
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`1 The parties filed a proposed Consent Judgment for U.S. Patent Nos. 8,242,158, 8,338,470, and
`8,455,527 (collectively, the “Glass Patents”) on June 15, 2018 (D.I. 38). To the extent the Consent
`Judgment is not approved by the Court, Baxter reserves its right to seek claim construction on the
`Glass Patents.
`
`
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`Case 1:18-cv-00303-RGA Document 39 Filed 06/15/18 Page 2 of 2 PageID #: 940
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`Each party reserves the right to rely on uncited portions of the intrinsic evidence to provide
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`context and/or to aid in understanding the cited portions of the intrinsic evidence. Additionally,
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`each party reserves the right to rely on uncited intrinsic evidence in rebuttal to arguments or
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`evidence submitted by the other party. Finally, each party reserves the right to update and/or
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`supplement its proposed claim constructions with the Markman briefing in this case.
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`POTTER ANDERSON & CORROON LLP
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`CONNOLLY GALLAGHER LLP
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`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Alan R. Silverstein (#5066)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`asilverstein@potteranderson.com
`
`By: /s/ Arthur G. Connolly, III
`Arthur G. Connolly, III (#2667)
`Ryan P. Newell (#4744)
`The Brandywine Building
`1000 West Street
`Suite 1400
`Wilmington, DE 19801
`(302) 757-7300
`aconnolly@connollygallagher.com
`rnewell@connollygallagher.com
`
`OF COUNSEL:
`
`Neal Seth
`Lawrence M. Sung
`Bethany A. Corbin
`WILEY REIN LLP
`1776 K St. NW
`Washington, DC 20006
`(202) 719-7000
`
`Attorneys for Plaintiff
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`Dated: June 15, 2018
`5844761
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`OF COUNSEL:
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`Bradford P. Lyerla
`Sara T. Horton
`Yusuf Esat
`Ren-How Harn
`JENNER & BLOCK LLP
`353 N. Clark Street
`Chicago, IL 60654-3456
`(312) 222-9350
`
`Attorneys for Defendants
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`2
`
`
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