Plaintiff's construction of two disputed terms is rejected
Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Incl., Civ. No.08-290-SLR, February 24, 2010.
Robinson, J. The Court issues a claims construction for two disputed terms following a Markman Hearing.
The Court rejects plaintiff’s construction of two disputed terms for the patent-in-suit. Given the well-known purpose of Markush groups, the court interprets the analysis as one limiting, not expanding, the scope of the claim to more specifically define the operative regions of a particular protein known to the applicant at the time. Plaintiff’s claim construction is supported by neither the case law nor the intrinsic record.
