"Administrating" construed to mean "administering once daily"

Alza Corporation, et al. v. Kremers Urban LLC, et al., C. A. No. 10-23-LPS, August 29, 2011.

Stark, J.  Claim construction issued.

Claim construction briefing in this Hatch-Waxman action was completed on February 4, 2011; and a claim construction hearing held on February 24.  The parties’ disputed a single term, “administrating,” which appeared in all of the claims of U.S. Patent No. 6,930,129.  The dispute centered on “whether the claims of the ‘129 patent cover only once-a-day, single administration treatments, or whether they also cover multiple dose treatments.”  The intrinsic evidence points to a once-a-day administration.  Thus, “administrating” was construed to mean “administrating once daily.”

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