Plaintiff's Claim Construction Brief

• Author: Kenneth L. Dorsney
• Pages: 819-823

Plaintiff’s Claim Construction Brief

IN THE UNITED STATES DISTRICT COURT

[Name of District]

[DISTRICT COURT CAPTION]

PLAINTIFF’S OPENING CLAIM CONSTRUCTION BRIEF

[Insert Table of Contents for Brief]

[Insert Table of Authorities for Brief]

I. INTRODUCTION

Plaintiff [Name of Plaintiff] (“Plaintiff”) submits this opening brief in support of

its proposed construction of the disputed claim terms of Plaintiff’s U.S. Patent No. 1

(“the ’001 patent”). Also, submitted herewith in support of Plaintiff’s proposed

constructions are the Declarations of [Name] and [Name].

This is a patent infringement action based on the Hatch-Waxman Act. Plaintiff

asserts that defendants have infringed the ’001 patent by filing Abbreviated New Drug

Applications (“ANDAs”) with the United States Food and Drug Administration (“FDA”)

seeking approval to commercially market generic versions of Plaintiff’s patented BrandX

product before the expiration of the ’001 patent.

Plaintiff also asserts that Defendant 3 and Defendant 2 have infringed Plaintiff’s

U.S. Patent No. 2 (“the ’002 patent”) by filing ANDAs seeking approval to commercially

market a generic version of Plaintiff’s patented BrandX product before the expiration of

the ’002 patent. The parties agree that this Court does not need to construe any claim

term in the ’002 patent. Every ’002 patent claim term shall be given its plain and

ordinary meaning, and no Defendant will argue that its proposed ANDA products will not

infringe a claim of the ’002 patent asserted in Plaintiff’s infringement contentions relying

on any particular meaning of any ’002 patent claim term.

Accordingly, the parties require the Court’s construction only of several terms in

the ’001 patent claims whose meaning the parties dispute.

II. BACKGROUND

In the early [Date], two scientists employed at _____ (Plaintiff’s predecessor)

discovered the atypical _____ compound called [active ingredient]. [Active ingredient],

also known by the chemical name_____, is a drug approved by the FDA to treat [medical

condition], among other things. [Active ingredient] is marketed by Plaintiff under the

trade names BrandX.

A. Plaintiff’s Invention of [insert]

In the early to mid-[Date], researchers at _____ began to develop a formulation

containing [active ingredient]. From the very beginning of that research, _____ scientists

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