`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELA WARE
`
`BA YER INTELLECTUAL
`PROPERTY GMBH, et al.,
`
`Plaintiffs,
`
`V.
`
`Civil Action No. 17-462-RGA
`
`TARO PHARMACEUTICAL
`INDUSTRIES, LTD., et al.,
`
`Defendants.
`
`ORDER
`
`The parties spent about 33 pages briefing one disputed Markman term. (D.I. 82).
`
`Plaintiffs spent at least 15 pages trying to convince me their lexicographic definition was
`
`required. I ruled in Plaintiffs' favor. (D .I. 91 ).
`
`Plaintiffs have filed a letter that in essence seeks to have me further construe their
`
`lexicographic definition. (D.I. 120). Defendant Mylan opposes. (D.I. 121). Plaintiffs further
`
`responded. (D.I. 123).
`
`Just to recap, I gave Plaintiffs exactly what they asked for, and, indeed, what Plaintiffs
`
`told me I had no choice but to give them, and now they want something different. I decline to
`
`hear that.
`
`I expect I will see this dispute again in the lead-up to the pretrial conference, or at trial, as
`
`I expect the experts will take different tacks on what, as a matter of fact, meets the lexicographic
`
`definition. I expect in the end that resolving the issue will be a fact decision at trial.
`
`Page l of 2
`
`MYLAN - EXHIBIT 1069
`Mylan Pharmaceuticals Inc. v. Bayer Intellectual Property GmbH
`IPR2018-01143
`
`
`
`Case 1:17-cv-00462-RGA Document 128 Filed 09/28/18 Page 2 of 2 PageID #: 1210
`
`Plaintiffs' request for more claim construction is DENIED.
`
`IT IS SO ORDERED this z&G.y of September 2018.
`
`~
`
`Page 2 of 2
`
`
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