By Memorandum Opinion entered by The Honorable Colm F. Connolly in Genentech, Inc. et al. v. Amgen Inc., Civil Action No. 17-1407-CFC, Consolidated (D.Del. March 9, 2020), the Court issued its claim construction opinion construing the remaining disputed claim term, “following fermentation,” in the patent-in-suit, United States Patent Number 8,574,869. Based on the extrinsic evidence and the Court’s reconsideration of the intrinsic evidence in light of the extrinsic evidence presented, the Court concluded that a person of ordinary skill in the art would understand “following fermentation” to mean “after the earlier of harvesting or purification has begun.” Id. at *2. Thus, the Court construed the term accordingly. Id. at *2-18.
A copy of the Memorandum Opinion is attached.