Expert Declaration in Support of Claim Construction

• Author: Kenneth L. Dorsney
• Pages: 829-831

Expert Declaration in Support of Claim Construction

IN THE UNITED STATES DISTRICT COURT

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DECLARATION OF [NAME OF NG

CLAIM CONSTRUCTION PATENT NO.

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[ ]

I, [Name], submit this declaration in the above-captioned matter on behalf of

[Plaintiff or Defendant] in connection with the construction of the claim term “[insert

term]” in the claims of United States Patent Number 1 (“the ’001 patent”).

I. Summary of Opinions

1. The term “[insert term]” in the claims of the ’001 patent would be

construed by a person of ordinary skill in the art in [ ] to mean or refer to [insert

definition].

2. The relevant art for the ’001 patent is [insert].

3. A person of ordinary skill in that art in [ ]: (a) would have had at least a

bachelor degree in pharmacy or a related field, plus several years of experience in [insert

relevant field, formulating pharmaceutical products including solid oral dosage

forms]; or (b) would have had an advanced degree (Masters or Ph.D.) in pharmacy or a

related field, with concomitantly fewer years of experience in [insert].

4. Such a person would have been familiar with the terminology and

technology of the art and would have known that the term “[insert term]” would be used

to refer to [insert].

5. I disagree with [Defendant’s or Plaintiff’s] proposed construction of the

term “[insert term]” to mean “[Defendant’s or Plaintiff’s definition]” because [explain].

II. Educational and Professional Background

6. Presently, I am _____ at _____, a position I have held since [ ]. For

the last __ years, I have been teaching both undergraduate and graduate courses in

applied biopharmaceutics, pharmaceutical dosage forms, modified release products, and

pharmaceutical manufacturing. I have supervised more than __ graduate students and a

number of postdoctoral fellows and visiting scientists working in the area of drug

delivery systems.

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