`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`CAMDEN VICINAGE
`
`Wan—“fl
`
`ASTRAZENECA PHARMACEUTICALS,
`LP, et al.,
`
`Plaintiffs/Counterclaim—
`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/Counterclaim—
`Plaintiff.
`
`
`iiiiiiiiiiiiiiiiiiiiiii
`
`iiiiiiiiiiiiiiiiiii| iiiiiiiiii iiiiiiiiiiiiiii
`
`.1
`
`Consolidated Civil Action No.
`i1:14—cv—03547
`
`(RMB/KMW)
`
`ORDER
`
`InnoPharma Exhibit 1010.0001
`
`
`
`Case 1:14-cv-03547-RMB-KMW Document 102 Filed 07/29/15 Page 2 of 4 PageID: 3213
`
`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.
`
`“[AJdministration to a human in need of such treatment,"
`
`as it appears in the claims of the ’122 and '160 Patents,
`
`and “a human in need of such treatment," as it appears in
`
`the claims of the ’680 and ’139 Patents, require no
`
`construction.
`
`2.
`
`“[F]ulvestrant,” as it appears in the claims of the ’122,
`
`’160,
`
`’680, and ’139 Patents, means “7d—[9—(4,4,5,5,5—
`
`pentafluoropentylsulphinyl)nonyl]oestra—l,3,5(10)—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,
`
`’160,
`
`'680, and ’139 Patents, requires no construction.
`
`4.
`
`“[SJufficient amount of a castor oil vehicle,” as it
`
`appears in the claims of the ’122 and '160 Patents, and
`
`“sufficient amount of castor oil vehicle,” as it appears
`
`in the claims of the ’680 and ’139 Patents, will be
`
`reserved for construction until additional expert evidence
`
`is available in the record.
`
`5.
`
`“[WJhereby a therapeutically significant blood plasma
`
`fulvestrant concentration of at least 2.5 ngmld~is
`
`InnoPharma Exhibit 1010.0002
`
`
`
`Case 1:14-cv-03547-RMB-KMW Document 102 Filed 07/29/15 Page 3 of 4 PageID: 3214
`
`attained for at least 2 weeks after injection,” as it
`
`appears in the claims of the ’122 and '160 Patents, means
`
`“the blood plasma fulvestrant concentration of at least
`
`2.5 ngmlfl is achieved and maintained for at least 2
`
`weeks."
`
`6.
`
`“[WJherein 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 '122 Patent, means “the blood plasma
`
`fulvestrant concentration of at least 2.5 ngmld is
`
`achieved and maintained for 2 to 5 weeks.”
`
`8.
`
`“[F]ormulation,” as it appears in the Claims of the ’680
`
`and ’139 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 ’680 Patent, means “the blood plasma
`
`fulvestrant concentration of at least 2.5 ngmlfl is
`
`achieved and maintained for at least 4 weeks ”
`
`InnoPharma Exhibit 1010.0003
`
`
`
`Case 1:14-cv-03547-RMB-KMW Document 102 Filed 07/29/15 Page 4 of 4 PageID: 3215
`
`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 ngmlq 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 ngmlq for at least two
`
`weeks,” as it appears in the claims of the '139 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 ngmld 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.
`
`W
`
`RENEE MARIE BUMB
`UNITED STATES DISTRICT JUDGE
`
`InnoPharma Exhibit 1010.0004
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
