`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`CAMDEN VICINAGE
`
`
`
`Consolidated Civil Action No.
`i1;14—cv—o3547
`
`(RMB/KMW)
`
`ASTRAZENECA PHARMACEUTICALS,
`LP, et al.,
`
`Plaintiffs/Counterc1aim—
`Defendants,
`
`v.
`
`SANDOZ INC.,
`
`Defendant/Counterclaim~
`Plaintiff.
`
`ASTRAZENECA PHARMACEUTICALS,
`LP, et al.,
`
`Plaintiffs/Counterclaim—
`
`Defendants,
`
`V.
`
`SAGENT PHARMACEUTICALS,
`
`INC.,
`
`Defendant/Counterclaim—
`Plaintiff.
`
`ASTRAZENECA PHARMACEUTICALS,
`LP, et al.,
`
`Plaintiffs/Counterclaim-
`
`Defendants,
`
`V.
`
`GLENMARK GENERICS INC., USA,
`
`Defendant/Counterc1aim—
`Plaintiff.
`
`iiiiiiiiiiiiiiiiiiiI iiiiiiiiii iiiiiiiiiiiiiii
`
`ORDER
`
`|nnoPharma Exhibit 1010.0001
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`-1
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`iiiiiEiiiiiiiiiiiiiiEii
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`
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`Case 1:14—cv—O3547—RMB—KMW Document 102 Filed 07/29/15 Page 2 of 4 Page|D: 3213
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`The Court having reviewed the parties’ submissions and
`
`having conducted a Markman hearing,
`
`IT IS ON THIS 29th day of July 2015, ORDERED that the Court
`
`construes the disputed claims as follows:
`
`1.
`
`“[A]dministration to a human in need of such treatment,"
`
`as it appears in the claims of the ’122 and ’l6O Patents,
`
`and “a human in need of such treatment," as it appears in
`
`the claims of the ’68O and ’l39 Patents, require no
`
`construction.
`
`2.
`
`“[F]ulvestrant,” as it appears in the claims of the ’122,
`
`’l60,
`
`’680, and ’139 Patents, means “7d—[9—(4,4,5,5,5—
`
`pentafluoropentylsulphinyl)nonyl]oestra—l,3,5(lO)—triene~
`
`3,17B—diol,
`
`including pharmaceutically acceptable salts
`
`thereof, and any possible solvates of either thereof.”
`
`3.
`
`“[E]thanol,” as it appears in the claims of the ’122,
`
`’l60,
`
`’680, and ’l39 Patents, requires no Construction.
`
`4.
`
`“[S]ufficient amount of a Castor oil vehicle,” as it
`
`appears in the claims of the ’122 and 'l6O Patents, and
`
`“sufficient amount of Castor oil vehicle," as it appears
`
`in the claims of the ’68O and ’l39 Patents, will be
`
`reserved for construction until additional expert evidence
`
`is available in the record.
`
`5.
`
`“[W]hereby a therapeutically significant blood plasma
`
`fulvestrant concentration of at least 2.5 ngml4~is
`
`|nnoPharma Exhibit 1010.0002
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`
`
`Case 1:14—cv—O3547—RMB—KMW Document 102 Filed 07/29/15 Page 3 of 4 Page|D: 3214
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`attained for at least 2 weeks after injection,” as it
`
`appears in the claims of the ’l22 and ’l6O Patents, means
`
`“the blood plasma fulvestrant concentration of at least
`
`2.5 ngmlfl is achieved and maintained for at least 2
`
`weeks.”
`
`6.
`
`“[W]herein the blood plasma fulvestrant concentration is
`
`attained for at least 4 weeks after injection,” as it
`
`appears in the claims of the ’122 Patent, means “the blood
`
`plasma fulvestrant concentration of at least 2.5 ngml4 is
`
`achieved and maintained for at least 4 weeks.”
`
`7.
`
`“[W]herein the blood plasma fulvestrant concentration is
`
`attained for 2 to 5 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 2 to 5 weeks.”
`
`8.
`
`“[F]ormulation,” as it appears in the claims of the ’68O
`
`and ’l39 Patents, means “pharmaceutical formulation.”
`
`9.
`
`“[W]herein the method achieves a therapeutically
`
`significant blood plasma fulvestrant concentration of at
`
`least 2.5 ngmld-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 ”
`
`|nnoPharma Exhibit 1010.0003
`
`
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`Case 1:14—cv—O3547—RMB—KMW Document 102 Filed 07/29/15 Page 4 of 4 Page|D: 3215
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`10. “[W]herein the therapeutically significant blood plasma
`
`fulvestrant concentration is at least 8.5 ngmlfl,” as it
`
`appears in the claims of the ’680 Patent, means “the blood
`
`plasma fulvestrant concentration of at least 8.5 ngmlfl is
`
`achieved and maintained for at least 4 weeks."
`
`11. “[W]herein the method achieves a blood plasma fulvestrant
`
`concentration of at least 2.5 ngml” 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 ’139 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
`
`construction if such an explanation becomes necessary as the
`
`case progresses.
`
`aw:-..-.:ac.4.
`
`RENEE MARIE BUMB
`UNITED STATES DISTRICT JUDGE
`
`|nnoPharma Exhibit 1010.0004
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`