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Teva Pharmaceuticals USA, Inc. v. Amgen, Inc.

United States District Court, E.D. Pennsylvania
Sep 10, 2010
CIVIL ACTION NO. 09-5675 (E.D. Pa. Sep. 10, 2010)

Summary

rejecting proposed construction that use of a Markush group means that "there can be only one member of the Markush group present in a product and, if there are more, then the product is outside the scope of the patent"

Summary of this case from Bristol-Myers Squibb Co. v. Apotex, Inc.

Opinion

CIVIL ACTION NO. 09-5675.

September 10, 2010


ORDER


AND NOW, this 10th day of September, 2010, upon consideration of plaintiffs/counter-defendants Teva's opening brief on claim construction (docket entry # 57), defendants/counter-claimants Amgen's corrected claim construction brief (docket entry # 59), the parties' responses thereto, and following a hearing on this matter on August 13, 2010, and in accordance with the accompanying memorandum, it is hereby ORDERED that:

1. Disputed claim terms "pluripotent" and "p" as they appear in "human pluripotent granulocyte colony-stimulating factor" and "hpG-CSF" limit the patent claims and mean: capable of generating numerous cell types;

2. Disputed claim term "having an amino acid sequence from the group consisting of . . ." means: having an amino acid sequence selected from [the three amino acid sequences identified in the patents-in-suit];

3. Disputed claim term "isolated" means: separate from forms of human G-CSF not having the amino acid sequences recited in the claim;

4. Disputed claim term "a method for providing granulocytopoietic therapy to a mammal" means: therapeutically treating a mammal by stimulating the production of granulocytes; and

5. Disputed claim term "administering an effective amount of" means: administering an amount adequate and suitable for therapeutic use.


Summaries of

Teva Pharmaceuticals USA, Inc. v. Amgen, Inc.

United States District Court, E.D. Pennsylvania
Sep 10, 2010
CIVIL ACTION NO. 09-5675 (E.D. Pa. Sep. 10, 2010)

rejecting proposed construction that use of a Markush group means that "there can be only one member of the Markush group present in a product and, if there are more, then the product is outside the scope of the patent"

Summary of this case from Bristol-Myers Squibb Co. v. Apotex, Inc.

In Teva Pharmaceuticals, the district court construed the claim language “having an amino acid sequence from the group consisting of” to allow for the presence of more than one amino acid sequence.

Summary of this case from Split Pivot, Inc. v. Trek Bicycle Corp.
Case details for

Teva Pharmaceuticals USA, Inc. v. Amgen, Inc.

Case Details

Full title:TEVA PHARMACEUTICALS USA, INC. v. AMGEN, INC

Court:United States District Court, E.D. Pennsylvania

Date published: Sep 10, 2010

Citations

CIVIL ACTION NO. 09-5675 (E.D. Pa. Sep. 10, 2010)

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