Free Claim Construction Answering Brief - District Court of Delaware - Delaware

Case 1:05-cv-00029-JJF Document 41 -13 Filed 07/29/2005 Page 1 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, lNC., )
)
Defendant )
PROPOSED ORDER
The Court having considered the parties’ claim construction briefs, declarations,
submissions, and arguments regarding U.S. Patent No. 4,863,737, construes the terms in dispute
as follows:
“in a substantially powdered f0rm," as found in claims 1, 6, 18 and 37, means
“largely in the form of fine particles absent the presence of free liquid."
"mixirzg the drug and the carbohydrate material," as found in claims l and l8,
means "combini11g 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 one or more carbohydrate
material(s) from step (b), without the use of free liquids."
"c0mpressirzg the drug-containing matrix, " as found in claim 1, means "pressing
or squeezing the drug-containing matrix from step (c), the drug-containing matrix being a
compressible drug-containing powder matrix." _

Case 1:05-cv-00029-JJF Document 41-13 Filed 07/29/2005 Page 2 of 2
"compressing the drag—containing matrix," as found in claim 18, means "pressing
or squeezing the drug-containing matrix from step (d), the drug-containing matrix being a
compressible drug-containing powder matrix."
"a drag in a substantially powdered form compressed with the carbohydrate
material into a solid integral mass,” as found in claims 6 and 37, means "the drug largely in the
form of fine particles absent the presence of free liquid, pressed or squeezed together with
one or more carbohydrate material(s), in the absence of free liquid, to form a unitary mass
" that is not liquid or gase0us."
"substantially powdered carbohydrate material," as found in claim 37, means
"one or more carbohydrate material(s) largely in the form of fine particles absent the
presence of free liquid."
IT IS ORDERED this day of , 2005. ,
United States District Judge
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