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:

  1. wind-up
  2. diminish or abolish wind-up
  3. for the administration . . . to a human or animal subject for the treatment of  pain (preamble construed not to be limiting)
  4. immediate release form/ immediate release
  5. sustained release form/ sustained release
  6. immediate release for and sustained release form being present in sufficient amounts