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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`CELGENE CORPORATION, et al.,
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`Plaintiffs,
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`V.
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`ACCORD HEAL TH CARE, INC.,
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`Defendant.
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`Civil Action No. 21-1795-RGA
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`MARKMAN ORDER
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`There is one term in dispute. (D.I. 38).
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`I construe the disputed term "non-enteric coated tablet" as proposed by Celgene: "tablet
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`that does not comprise a coating intended to release the active ingredient(s) beyond the
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`stomach." (Id. at 2). The specification defines the term by express lexicography. ' 628 Patent at
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`11 :42-45.
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`I reject Defendant's proposed construction. Defendant relies on lexicography of a
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`different term that is not part of the disputed term, and that is not part of the lexicographic
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`definition of the disputed term either. Defendant cites the prosecution history but does not argue
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`that it constitutes clear and unmistakable disclaimer. Defendant's construction purports to
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`resolve a dispute between the parties, but it resolves the dispute erroneously.
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`The argument scheduled for February 16th is CANCELLED.
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`IT IS SO ORDERED this IJ. day of February 2023.
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`Page 1 of 1
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`CELGENE 2032
`APOTEX v. CELGENE
`IPR2023-00512
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