Markman decision issues on 6 disputed terms in albuterol patents
Sepracor, Inc. v. Dey, L.P. and Dey, Inc., Civ. No. 06-113-JJF (Consolidated), December 18, 2008.
Farnan, J. The Court issues a claim construction ruling on 6 disputed terms following a Markman Hearing.
Plaintiff asserts infringement of U.S. Patent Nos. 5,362,755, 5,547,994, 5,760,090, 5,844,002 and 6,083,993. The patents-in-suit claim priority to a single parent application which ultimately relate to the ‘755 patent and they all share the same specification. The patented technology relates to methods of using optically pure R(-) isomer of albuterol to treat bronchial disorders while at the same time reducing side effects associated with the use of the racemic mixture of albuterol. The Order sets forth the Court’s construction of six disputed terms. It declines to limit the patent to asthma treatment despite the fact the specification refers to treatment of asthma. Instead, the Court utilizes dictionary definitions because the claim term is not defined in the internal record.
