Medicis Pharmaceutical Corporation et al v. Actavis Mid Atlantic LLC

Filing 143

ORDER ADOPTING REPORT AND RECOMMENDATION re 115 Report and Recommendation on claim construction. Signed by Judge Leonard P. Stark on 7/16/12. (ntl)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MEDICIS PHARMACEUTICAL
CORPORATION, ET AL.,
Plaintiffs,
Civil Action No. 11-409-LPS-CJB

v.
ACTAVIS MID ATLANTIC LLC,
Defendant.

ORDER
WHEREAS, Magistrate Judge Burke issued a Report and Recommendation (D.I. 115)
dated June 12, 2012;
WHEREAS, the Report and Recommendation recommends that the Court adopt certain
claim constructions;
WHEREAS, any Objections to the Report and Recommendation were to be filed by June
29, 2012;
WHEREAS, neither party has filed an Objection to the Report and Recommendation;
WHEREAS, the Court concludes that the Report and Recommendation should be
adopted for the reasons stated by Magistrate Judge Burke;
NOW THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation
(D.I. 115) is ADOPTED, and the Court adopts the following constructions:

1.

"for a period of time sufficient to improve the skin disorder" means "over a course

of treatment of sufficient duration to improve the skin disorder"
2.

"base to adjust pH" means "a basic compound that can be used to adjust pH"

3.

"lightly cross-linked polyacrylic acid polymer" means "a cross-linked polymer of

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acrylic acid with a viscosity ofless than about 15,000 cP, where the polymer is in a 0.5%
solution at pH 7.5, as measured by a Brookfield viscometer at 20 rpm"
4.

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The "container" recited in claim 16 means "a container that has a sufficiently

small orifice tip to dispense quantities of the low-viscosity gel composition in accordance with
treatment instructions"
5.

The "container" recited in claim 52 means "a container that has a sufficiently

small orifice tip to dispense generally spherical quantities of the low-viscosity gel composition in
accordance with treatment instructions."

Dated: July

jl , 2012

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