Unimed Pharmaceuticals, LLC, et al. v. Perrigo Company, et al., C.A. No. 13 – 236 – RGA, March 11, 2015.

Andrews, J.  Court issues a claim construction opinion in ANDA case regarding  terms from nine patents.

The disputed technology relates to the administration of testosterone.  The following terms were construed:

  1. “consisting essentially of”
  2. “gelling agent”
  3. “Ethanol”
  4. “hydroalcoholic gel consisting of”
  5. “1.0% to 10.0% (w/w) of 0.1 N sodium hydroxide”
  6. “7.0% (w/w) 0.1 N sodium hydroxide”; “The amount of the .01 N sodium hydroxide is 7.0% (w/w)”; “The 0.1 N sodium hydroxide is in an amount of7.0% (w/w)”
  7. “0.1 N sodium hydroxide”
  8. “composition consisting of”
  9. “gel pharmaceutical composition [ … ] obtained by combining the following ingredients which consist of”
  10. “[T)he amount of sodium hydroxide is in the range of 1.0% to 10% (w/w) of 0.l N sodium hydroxide”
  11. “0.1 N sodium hydroxide”
  12. “gelling agent”
  13. “dehydrated ethanol”