Claim construction ruling issues in ANDA case

Posted on May 8, 2009 by Morris James LLP

In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949-LPS, May 4 , 2009.

Stark, M. J.  The Magistrate Judge issues a claim construction report and recommendation.

This is an ANDA case.  A Markman hearing took place on March 10, 2009.  The disputed terms relate to two claims in a patent covering rosuvastatin calcium, marketed as Crestor®.  The judge found that the prosecution history favored the patentee’s constructions.
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