Meda Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA, Inc., C.A. No. 15-785-LPS, December 7, 2016.
Stark, C. J. Court declines to preclude untimely claim terms, but defendant may submit a response.
The court previously denied plaintiff’s motion to amend the complaint to assert a Certificate of Correction due to the lack of plaintiffs’ diligence. Plaintiffs submitted three additional exhibits from the prosecution history to the joint amended claim construction chart, opposed by defendant. The court has not declined to consider the full prosecution history. The defendant may file a supplemental brief responding to plaintiff’s new evidence.
