Free Order - District Court of Delaware - Delaware

Case 1:05-cv-00029-JJF Document 88 Filed 10/06/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CEPHALON, INC. and UNIVERSITY OF :
UTAH RESEARCH FOUNDATION, :
Plaintiffs, ;
: Civil Action No. 05-29 JJF
v. :
BARR LABORATORIES, INC., E
Defendant. ;
e O R D E R
At Wilmington, this j@?_ day of October 2005, for the
reasons set forth in the Memorandum Opinion issued this date,
IT IS HEREBY ORDERED that for the purposes of United States
Patent No. 4,863,737, the following phrases are construed as
follows:
1. The phrase “substantial1y powdered form,” as used in
Claims 1, 6, 18, and 37 means “largely in the form of fine
particles absent the presence of free liquid;"
2. The phrase “mixing the drug and the carbohydrate
materia1," as used in Claims I and 18 means “combining or
blending the drug from step (a), the drug being largely in the
form of fine particles absent the presence of free liquid, with
the carbohydrate material from step (b), without the use of free
liquids;"
3. The phrase “so1id integral mass,” as used in Claims 6
and 37 means “a drug, largely in the form of fine particles

Case 1:05-cv-00029-JJF Document 88 Filed 10/06/2005 Page20f2
absent the presence of free liquid, pressed or squeezed together
with the carbohydrate material, without the use of free liquids,
into a unitary mass that is not liquid or gaseous;”
4. The phrase “drug-containing matrix,” as used in Claims 1
and 18 means “drug-containing%powder matrix.”
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_ _ TED T p S DISTRI- JUDGE