`
`As discussed above, the phrases “EDTA sodium salt” and “sodium edetate”6 mean a
`
`sodium salt of ethylenediaminetetraacetic acid. These phrases encompass, for example, the
`
`disodium salt of ethylenediaminetetraacetic acid. This is the plain and ordinary meaning of these
`
`phrases based on the claim language itself.
`
`Plaintiffs’ proposed construction of the ordinary and customary meaning of the phrases
`
`“EDTA sodium salt” and “sodium edetate” is consistent with and supported by the specification
`
`of the patents-in-suit and prosecution history.
`
`The specification refers to sodium edetate
`
`throughout and nowhere restricts this phrase to the tetrasodium salt, as Defendants arbitrarily
`
`propose.
`
`(See, e.g., Ex.
`
`1 at 6:26-28, Table 2, Examples 1-3; Ex. 32 at 1] 141.)
`
`In fact, the
`
`patented commercial embodiment Prolensa® contains the disodium salt, [---------------------------
`
`---------------------REDACTED-----------------------------].
`
`(Ex.
`
`6 at “Description”;
`
`[REDA
`
`CTED].)
`
`During prosecution, the Patent Examiner made clear that “sodium edetate” and “EDTA
`
`sodium salt” encompass disodium edetate. (Ex. 40 at 5; Ex. 32 at 11 142.) The Examiner initially
`
`rejected claims reciting “sodium edetate” and “EDTA sodium salt” based on the Yanni
`
`reference’s disclosure of disodium EDTA, stating that Yanni teaches incorporation of “EDTA
`
`sodium salt (disodium EDTA).”7 (Ex. 40 at 5; Ex. 41; Ex. 32 at 11 143.) Additionally, as part of
`
`the record of the patents-in-suit before the Patent Office, and therefore part of the intrinsic record,
`
`Vitronics, 90 F.3d at 1582, three separate experts, in declarations accompanying inter partes
`
`6 During prosecution of the ’431 patent, the applicants made clear that sodium edetate
`and EDTA sodium salt are equivalent, stating that “EDTA sodium salt is also known as sodium
`edetate.” (Ex. 38 at 7; Ex. 32 at 1] 142.) Defendants have not disputed that these phrases are
`equivalent.
`7 The Applicants overcame this rejection during prosecution.
`
`14
`
`Innopharma EX1024
`Innopharma EX1024
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