Galderma Laboratories, L.P., et al. v. Actavis Laboratories UT, Inc., C.A. No. 15-232 - LPS, June 30, 2016.

Stark, C. J. Claim construction opinion issues regarding thirteen terms from six patents. A Markman hearing took place on May 24, 2016.

The disputed technology relates to methods for treating skin disorders. The following terms were considered:

  1. “redness associated with rosacea"
  2. "[treating rosacea and] the symptoms associated therewith"
  3. "pharmaceutical composition"
  4. "wherein the composition acts locally in the skin"
  5. "for treating erythema or a symptom associated therewith in a subject"
  6. "wherein the erythema or the symptom is facial erythema associated with rosacea"
  7. "wherein the topical administration results in more reduction of the erythema or the symptom compared to a vehicle control as measured by a 12 hour success profile evaluated on both Clinician's Erythema Assessment scores and Patient's Self Assessment scales without causing unacceptable drug related adverse events, and the 12 hour success profile comprises at least 1-grade improvement of the erythema or the symptom"
  8. "wherein the 12 hour success profile further comprises about 1 hour to about 8 hours of 2-grade improvement of the erythema or the symptom"
  9. "wherein [the erythema or the symptom is facial erythema associated with rosacea, and] the 12 hour success profile comprises an effect of 1-grade improvement of the facial erythema and about 3 hours to about 6 hours of 2-grade improvement of the facial erythema"
  10. "wherein the topical administration of the topical gel composition to a skin area affected by the erythema or the symptom results in more reduction of the erythema or the symptom compared to a vehicle control as measured by a 12 hour success profile evaluated on both Clinician's Erythema Assessment scores and Patient's Self Assessment scales without causing unacceptable drug related adverse events, and the 12 hour success profile comprises at least 1-grade improvement of the erythema or the symptom"
  11. "wherein the topical administration of the topical composition to the skin area results in more reduction of the erythema or the symptom compared to a vehicle control as measured by a 12 hour success profile evaluated on both Clinician's Erythema Assessment scores and Patient's Self Assessment scales, wherein the 12 hour success profile comprises an effect of 1-grade improvement of the erythema or the symptom and about 1 hour to about 8 hours of 2-grade improvement of the erythema or the symptom"
  12. "wherein the topical administration effects a serum or plasma profile of brimonidin having a mean C,ax of about 54±28 pg/mL or less and a mean AU C0_24 Irr of about 568±277 pg.hr/mL or less"
  13. “wherein the topical administration of the topical gel composition to a skin area affected by the erythema or the symptom effects a serum or plasma profile of brimonidine having a mean Cmax of about 54±28 pg/mL or less and a mean AUCo-24 hr of about 568±277pg.hr/mL or less"