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Case 1:13-cv-00527-RGA Document 107 Filed 04/07/14 Page 1 of 2 PageID #: 1702
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`X
`
`X
`
`X
`
`NOV ARTIS PHARMACEUTICALS
`CORPORATION, NOV ARTIS AG,
`NOV ARTIS PHARMA AG, NOV ARTIS
`INTERNATIONAL PHARMACEUTICAL
`LTD. and LTS LOHMANN THERAPIE(cid:173)
`SYSTEMEAG,
`
`Plaintiffs,
`
`v.
`
`AL VOGEN PINE BROOK, INC. and
`ALVOGEN GROUP, INC.,
`
`Defendants.
`
`NOV ARTIS PHARMACEUTICALS
`CORPORATION, NOV ARTIS AG,
`NOV ARTIS PHARMA AG, NOV ARTIS
`INTERNATIONAL PHARMACEUTICAL
`LTD. and LTS LOHMANN THERAPIE(cid:173)
`SYSTEMEAG,
`
`C.A. No. 13-cv-52-RGA
`(consolidated)
`
`Plaintiffs,
`
`C.A. No. 13-cv-527-RGA
`
`v.
`
`NOVEN PHARMACEUTICALS, INC.,
`
`Defendant.
`
`X
`
`Fill QJ~I:IDJ ORDER
`
`WHEREAS the Court has considered the arguments set forth in the parties' March 14,
`
`2014 joint claim construction briefs and appendix (13-cv-52-RGA, D.I. 132, 133; 13-cv-527-
`
`RGA, D.I. 88, 89), and the oral argument heard at the Markman hearing held on April3, 2014 in
`
`the above-captioned cases;
`
`MEl 17580904v.l
`
`NOVARTIS EXHIBIT 2004
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 1 of 2
`
`

`

`Case 1:13-cv-00527-RGA Document 107 Filed 04/07/14 Page 2 of 2 PageID #: 1703
`
`IT IS HEREBY ORDERED that, for the reasons expressed by the Court at the April3,
`
`2013 Markman hearing in the above-captioned cases, the Court hereby construes the following
`
`claim terms in U.S. Patents Nos. 6,335,031 and 6,316,023 as set forth below:
`
`Claim Term
`
`Court's Construction
`
`antioxidant
`
`agent(s) that reduce(s) oxidative
`degradation (presence only)
`
`about 0.01 to about 0.5 percent by
`weight
`
`about 0.01 to about 0.5 percent by
`weight
`
`diluent or carrier
`
`inactive ingredient(s) of the
`pharmaceutical composition that
`aid( s) in the administration of the
`drug (presence only)
`
`a/the composition (in claims 15 and
`18, respectively, of the '031 Patent)
`
`a/the composition
`
`an amount of antioxidant effective to
`stabilize Compound A from
`degradation
`
`stabilizing
`
`an amount of antioxidant that will
`significantly reduce the degradation
`of Compound A over a prolonged
`period of time
`
`significantly reducing degradation
`over a prolonged period of time
`
`istrict Court Judge
`
`l
`I
`
`l
`
`MEl !7580904v.l
`
`2
`
`NOVARTIS EXHIBIT 2004
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 2 of 2
`
`

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