Iceutica Pty Ltd., et al. v. Lupin Limited, et al., C.A. No. 14-1515 – SLR, February 29, 2016.

Robinson, J.   Claim construction opinion issues regarding four terms from three patents. 

The disputed technology relates to the pharmaceutical Zorvolex. The following terms were considered:

1. “A pharmaceutical composition containing 18 mg of diclofenac acid" and "a pharmaceutical composition containing 35 mg diclofenac acid.”

2.  “Wherein the unit dose when tested in vitro by USP Apparatus I (Basket) method of U.S. Pharmacopoeia at 100 rpm at 37°C in 900 ml of 0.05% sodium lauryl sulfate in citric acid solution buffered to pH 5.75 has a dissolution rate of diclofenac acid such that at least [X]%, by weight, is released by [X] minutes" and "wherein the unit dose has a dissolution rate of diclofenac acid such that at least [X]%, by weight, is released by [X] minutes"

 3. “The particles of diclofenac acid have a median particle size on a volume average basis of” and "the diclofenac acid has a median particle size, on a volume average basis, of"

 4. “Perceptible pain relief” and "peak pain relief"