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Delaware Intellectual Property Litigation Intellectual Property and Antitrust Litigation in Delaware

Judge Andrews Issues Markman Opinion Construing Three Terms in Dispute in ANDA Action filed by The Medicines Company

Posted in Intellectual Property, Patent Infringement

By Claim Construction Opinion entered in The Medicines Company v.Teva Parenteral Medicines, Inc. et al., C.A. No. 09-750-RGA (D.Del., July 11, 2013), The Honorable Richard G. Andrews construed three disputed terms in U.S. Patent Nos.7,582,727  and 7,598,343 (collectively, the “patents-in-suit”).  The patents-in-suit are familial patents with identical specifications and both seek to facilitate the production of bivalirudin, an anticoagulant drug compound used during angioplasty procedures.  Plaintiff The Medicines Company asserted both patents in response to Defendant Teva’s Filing of an Abbreviated New Drug Application (“ANDA”) with the FDA.

 A complete copy of the Claim Construction Opinion is attached.