`FOR THE DISTRICT OF NEW JERSEY
`CAMDEN VICINAGE
`
`‘N11
`
`iiiiiiiI iiiiiiiiiiiI iii
`
`ASTRAZENECA PHARMACEUTICALS,
`LP, et al.,
`
`Plaintiffs/Counterc1aim—
`Defendants,
`
`V.
`
`SANDOZ INC.,
`
`Defendant/Counterclaim~
`Plaintiff.
`
`ASTRAZENECA PHARMACEUTICALS,
`LP, et al.,
`
`Consolidated Civil Action No.
`Plaintiffs/Counterclaim— i 1 : l4_CV__O354-7
`(RMB/KMW)
`Defendants,
`
`ORDER
`
`5ssiiaiaaaiaaa i%
`
`iiiiiiiiiiiiiiiiiiiiEii
`
`V.
`
`SAGENT PHARMACEUTICALS,
`
`INC.,
`
`Defendant/Counterclaim—
`Plaintiff.
`
`ASTRAZENECA PHARMACEUTICALS,
`LP, et al.,
`
`Plaintiffs/Counterclaim—
`Defendants,
`
`V.
`
`GLENMARK GENERICS INC., USA,
`
`Defendant/Counterclaim—
`Plaintiff.
`
`MYLAN PHARMS. INC. EXHIBIT 1011 PAGE 1
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`The Court having reviewed the parties’ submissions and
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`having conducted a Markman hearing,
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`IT IS ON THIS 29th day of July 2015, ORDERED that the Court
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`construes the disputed claims as follows:
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`1.
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`“[A]dministration to a human in need of such treatment,”
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`as it appears in the claims of the ’122 and ’l6O Patents,
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`and “a human in need of such treatment,” as it appears in
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`the claims of the ’68O and ’l39 Patents, require no
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`construction.
`
`2.
`
`“[F]ulvestrant,” as it appears in the claims of the ’122,
`
`’l60,
`
`’680, and '139 Patents, means “7d—[9—(4,4,5,S,5—
`
`pentafluoropentylsulphinyl)nonyl]oestra—l,3,5(lO)—triene«
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`3,17B—diol,
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`including pharmaceutically acceptable salts
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`thereof, and any possible solvates of either thereof.”
`
`3.
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`“[E]thanol,” as it appears in the claims of the ’122,
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`’l60,
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`’680, and ’l39 Patents, requires no Construction.
`
`4.
`
`“[S]ufficient amount of a castor oil vehicle,” as it
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`appears in the claims of the ’122 and 'l6O Patents, and
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`“sufficient amount of Castor oil vehicle," as it appears
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`in the claims of the ’68O and ’139 Patents, will be
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`reserved for construction until additional expert evidence
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`is available in the record.
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`5.
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`“[W]hereby a therapeutically significant blood plasma
`
`fulvestrant concentration of at least 2.5 ngml4~is
`
`MYLAN PHARMS. INC. EXHIBIT 1011 PAGE 2
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`
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`attained for at least 2 weeks after injection,” as it
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`appears in the claims of the ’l22 and 'l6O Patents, means
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`“the blood plasma fulvestrant concentration of at least
`
`2.5 ngmlfl is achieved and maintained for at least 2
`
`weeks."
`
`“[W]herein the blood plasma fulvestrant concentration is
`
`attained for at least 4 weeks after injection,” as it
`
`appears in the claims of the ’l22 Patent, means “the blood
`
`plasma fulvestrant concentration of at least 2.5 ngmlfl is
`
`achieved and maintained for at least 4 weeks.”
`
`“[W]herein the blood plasma fulvestrant concentration is
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`attained for 2 to 5 weeks after injection," as it appears
`
`in the claims of the ’l22 Patent, means “the blood plasma
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`fulvestrant concentration of at least 2.5 ngml4 is
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`achieved and maintained for 2 to 5 weeks.”
`
`“[F]ormulation,” as it appears in the claims of the '68O
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`and ’l39 Patents, means “pharmaceutical formulation."
`
`“[W]herein the method achieves a therapeutically
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`significant blood plasma fulvestrant concentration of at
`
`least 2.5 ngml”-for at least four weeks,” as it appears in
`
`the claims of the '68O Patent, means “the blood plasma
`
`fulvestrant concentration of at least 2.5 ngmlfl is
`
`achieved and maintained for at least 4 weeks."
`
`MYLAN PHARMS. INC. EXHIBIT 1011 PAGE 3
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`10.
`
`“[W]herein the therapeutically significant blood plasma
`
`fulvestrant concentration is at least 8.5 ngml4," as it
`
`appears in the claims of the
`
`’680 Patent, means
`
`“the blood
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`plasma fulvestrant concentration of at least 8.5 ngml'1is
`
`achieved and maintained for at least 4 weeks."
`
`ll.
`
`“[W]herein the method achieves a blood plasma fulvestrant
`
`concentration of at least 2.5 ngml4 for at least two
`
`weeks,” as it appears in the claims of the ’l39 Patent,
`
`means “the blood plasma fulvestrant concentration of at
`
`least 2.5 ngml4 is achieved and maintained for at least 2
`
`weeks.”
`
`12.
`
`“[W]herein
`
`the blood plasma fuvlestrant
`
`concentration is attained for at least 4 weeks," as it
`
`appears in the claims of the ’l39 Patent, means “the blood
`
`plasma fulvestrant concentration of at least 2.5 ngmlfl is
`
`achieved and maintained for at least 4 weeks.”
`
`The Court will set forth the bases for the foregoing
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`construction if such an explanation becomes necessary as the
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`case
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`progresses.
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`adv:-...°.:a€.J«
`
`RENEE MARIE BUMB
`UNITED STATES DISTRICT JUDGE
`
`MYLAN PHARMS. INC. EXHIBIT 1011 PAGE 4
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`