JANSSEN PHARMACEUTICALS, INC. v. MYLAN INC. et al

Filing 65

OPINION AND ORDER denying application for claim construction. Signed by Judge Stanley R. Chesler on 2/2/2012. (nr, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiff,
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v.
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MYLAN INC. et al.
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Defendants.
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JANSSEN PHARMACEUTICALS, INC.,

Civil Action No. 10-6018 (SRC)

OPINION & ORDER

CHESLER, U.S.D.J.
This matter comes before the Court on the applications by Plaintiff Janssen
Pharmaceuticals, Inc. (“Janssen”) and Defendants Mylan Inc., Mylan Pharmaceuticals Inc., and
Famy Care Ltd. (collectively, “Mylan”) for claim construction to resolve disputes over the
construction of claim terms in U.S. Patent No. 6,214,815 (the “’815 patent”).
The threshold question in considering these applications is whether there is a dispute to
decide. Janssen contends that there is no dispute for this Court to decide. Mylan contends that
there is a dispute – but their 22 pages of briefing sheds no light on what that dispute is. Mylan’s
briefs assert Defendants’ proposed constructions – but nothing before this Court identifies any
alternative construction. Mylan’s opening brief asserts that claim construction is needed because
“[t]here are practical consequences in this case” – yet does not illuminate those practical
consequences.

If there is a dispute here, the parties have failed to illuminate it sufficiently to allow the
Court to recognize it. The applications for claim construction are denied.
SO ORDERED.

s/ Stanley R. Chesler
Stanley R. Chesler, U.S.D.J.

Dated: February 2, 2012

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