Claims are construed in ANDA case relating to crystalline modifications

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Forest Laboratories, LLC et al. v. Accord Healthcare Inc., et al., C.A. No. 15-272-GMS, November 21, 2016.

Stark, J.   Claim construction opinion issues regarding seven terms from four patents.  A Markman hearing took place on October 19, 2016.

The disputed technology relates to new crystalline modifications of hydrochloride molecules often used in the preparation of medicaments for the treatment or prevention of many disorders.

The disputed technology relates to new crystalline modifications of hydrochloride molecules often used in the preparation of medicaments for the treatment or prevention of many disorders. The following terms were considered:

1. "administer," "administered," and "administering”

2. “corresponding to"

3. “exhibits the following XRD data”

4. “[a] method of treating a patient suffering from a depressive disorder, an anxiety disorder, a bipolar disorder, mania, dementia, a substance-related disorder, a sexual dysfunction, an eating disorder, obesity, fibromyalgia, a sleeping disorder, a psychiatric disorder, cerebral infarct, tension, side-effects in the treatment of hypertension, a cerebral disorder, chronic pain, acromegaly, hypogonadism, secondary amenorrhea, premenstrual syndrome, undesired puerperal lactation, or combinations thereof ...”

5. “effective amount”

6. "crystalline modification,” “crystalline”

7. “characteristic peak”

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