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