By Order entered by The Honorable Gregory M. Sleet in Tris Pharma v. Actavis Laboratories FL, Inc., et al., Civil Action No. 14-1309-GMS (D.Del., January 8, 2016), the Court rendered its Markman opinion construing the disputed term “single mean average plasma concentration peak” in U.S. Patent Nos. 8,465,765 (“the ‘765 patent”), 8,563,033 (“the ‘033 patent”), 8,778,390 (“the ‘390 patent”), and 8,956,649 (“the ‘649 patent”) to have its plain and ordinary meaning. In reaching its claim construction, the Court rejected the proposed construction submitted by defendant Actavis and partially rejected the proposed construction submitted by plaintiff. Id. at 1. The Court concluded that neither party’s proposed construction would add needed clarity to the scope of the claim. Id.
A copy of the Order is attached.