Markman decision issues re: ADHD drug
UCB, Inc. and Celltech Manufacturing CA, Inc. v. KV Pharmaceutical Company, Civil Action No. 08-223-JJF, August 18, 2009.
Farnan, J. The Court construes six terms in one patent.
The pharmaceutical product which is the subject of this dispute is methylphenidate. The Court construes “about” in the phrase “in an amount of about 20 to 40 percent” twice according to its ordinary meaning over an argument it should have a more stringent interpretation. It rules that “approximately needs no further construction. It construes the term “water” as “purified water (per the USP)” and the term “up to” in the phrase “an amount up to” to be measured “by weight based on the total weight of the coated particle.”
