Teva Pharmaceuticals USA, Inc., et al. v. Forest Laboratories, Inc., C.A. No. 13-2002 - GMS, July 9, 2015
Sleet, J. The court considers 6 terms from on patent-in-suit.
The patent-in-suit relates to a method of preparing an analgesic pharmaceutical composition for the administration of an NMDA receptor antagonist.
The following terms are considered:
- diminish or abolish wind-up
- for the administration . . . to a human or animal subject for the treatment of pain (preamble construed not to be limiting)
- immediate release form/ immediate release
- sustained release form/ sustained release
- immediate release for and sustained release form being present in sufficient amounts