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Teva Pharmaceuticals USA, Inc. v. Amgen

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


September 10, 2010

TEVA PHARMACEUTICALS USA, INC.
v.
AMGEN, INC.

The opinion of the court was delivered by: Stewart Dalzell

ORDER

AND NOW, this 10th day of September, 2010, upon consideration of plaintiffs/counter-defendants Teva's opening brief on claim construction (docket entry # 57), defendants/counter-claimants Amgen's corrected claim construction brief (docket entry # 59), the parties' responses thereto, and following a hearing on this matter on August 13, 2010, and in accordance with the accompanying memorandum, it is hereby ORDERED that:

1. Disputed claim terms "pluripotent" and "p" as they appear in "human pluripotent granulocyte colony-stimulating factor" and "hpG-CSF" limit the patent claims and mean: capable of generating numerous cell types;

2. Disputed claim term "having an amino acid sequence from the group consisting of..." means: having an amino acid sequence selected from [the three amino acid sequences identified in the patents-in-suit];

3. Disputed claim term "isolated" means: separate from forms of human G-CSF not having the amino acid sequences recited in the claim;

4. Disputed claim term "a method for providing granulocytopoietic therapy to a mammal" means: therapeutically treating a mammal by stimulating the production of granulocytes; and

5. Disputed claim term "administering an effective amount of" means: administering an amount adequate and suitable for therapeutic use. .

20100910

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