Mayne Pharma International Pty Ltd. v. Merck & Co., Inc., et al., C.A. No. 15-438-LPS, December 27, 2016.

Stark, C. J. Claim construction opinion issues regarding seven terms from one patent.  A Markman hearing took place on October 24, 2016.

The disputed technology relates to pharmaceutical compositions for poorly soluble, antifungal drugs.  The following terms were considered:

1. “consisting essentially of”
2. “wherein in vivo the composition provides a mean CMAX of at least 100 ng/ml, after administration in the fasted state”
3. “wherein in vivo the composition provides a mean AUC of at least 800 ng.h/ml, after administration in the fasted state”
4. “in vivo”
5. “pharmaceutical composition”
6. “azole antifungal drug”
7. “polymer having acidic functional groups”