Defendant's Claim Construction Brief

AuthorKenneth L. Dorsney
Pages825-827
Defendant’s Claim Construction Brief
IN THE UNITED STATES DISTRICT COURT
[Name of District]
[DISTRICT COURT CAPTION]
OPENING MARKMAN BRIEF OF DEFENDANTS
[Insert Table of Contents for Brief]
[Insert Table of Authorities for Brief]
I. INTRODUCTION
Plaintiff’s patent-in-suit, U.S. Patent No. 1 (“the 001 patent”), is the subject of
this Markman proceeding.
II. SUMMARY OF THE RELEVANT TECHNOLOGY
The ’001 patent at issue in this Markman proceeding is directed to GenX, which
is sold in the United States under the trademark BrandX.® The active ingredient for
BrandX is GenX and, as discussed above, the formulation includes, inter alia, a gelling
agent and other excipients. [Cite].
At a basic level, a formulation is a pharmaceutical preparation that contains the
active pharmaceutical ingredient in addition to other excipients that are used to achieve
delivery of medication.1 In the instant case, GenX is the active pharmaceutical ingredient
(commonly referred to as “API”) that furnishes the desired pharmacological activity.
[Cite]. In addition to the API, solid oral dosage forms usually require the addition of
non-active ingredients, also known as excipients, to produce the desired drug release,
achieve acceptable physical and mechanical properties, and facilitate their manufacture.
[Cite].
1. The summary recited in this section is based on the knowledge and understanding
of a person of ordinary skill in the art of the ’001 patent. A person of ordinary skill in the
art would have a Ph.D. in pharmacy, pharmaceutical sciences or chemistry, or a related
Field in the pharmaceutical industry with at least 1 to 2 years of experience in
pharmaceutical product formulation, and design or evaluation of solid oral dosage forms,
including sustained-release formulations. [Cite]. __________, Defendant’s technical
expert, is a person of at least ordinary skill in the art. [Cite].
825
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dor54588_24_app_663–914.indd 825 5/5/16 5:05 PM

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