Plaintiff is bound by Markman ruling in related litigation

Posted on January 3, 2011 by Morris James LLP

Biovail Laboratories International SRL v. Intelgenx Corp., Civ. No. 09-605-LPS, December 27, 2010.

Stark, J.  Court construes two disputed terms.

The disputed technology concerns a delayed release tablet formulation of bupropion hydrochloride.  (D.1.1 ¶¶ 1, 5, 6)  Bupropion hydrochloride is the active ingredient in the antidepressant drug sold by Biovail under the tradename Wellbutrin XL. A Markman hearing took place on June 29, 2010.  The court construes “free of stabilizer” which has been construed in three other actions brought by plaintiff inconsistently with the construction plaintiff proposes here.  The court concludes that plaintiff is collaterally estopped from relitigating the court’s construction in related litigation.  It construes the term as: "the tablet is free of any substance or agent that tends to prevent changes to the chemical integrity of the tablet."  The court further adopts defendant’s proposed construction of "dissolution profile."
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