New Claim Construction Opinion

Category: D. Del. Claim Construction Decisions  |  Author: Karen E. Keller  |  Time: November 29th, 2007

Judge Robinson recently construed the following claim terms in Callaway Golf Company v. Acushnet Co, C.A. No. 06-091-SLR, Memo. Order (D. Del. Nov. 20, 2007):

- “Cover layer having a Shore D hardness”
- “Core”

Claim Construction and Summary Judgment Decision on Anthracycline Glycoside Patent

Category: D. Del. Claim Construction Decisions  |  Author: Karen E. Keller  |  Time: October 9th, 2006

In <%media(20061009-Pharmacia v. Sicor (04-833-KAJ).pdf|Pharmacia & Upjohn Co. v. Sicor Inc. & Sicor Pharms.)%>, Inc., C.A. No. 04-833 (D. Del. Aug. 17, 2006) (Jordan, J.), the District Court construed the following terms in the context of a pharmaceutical patent for a ready to use form of anthracycline glycoside: “physiologically acceptable,” “anthracycline glycolside,” “sealed container,” and “storage stability.” Judge Jordan denied defendant’s motions for summary judgment on issues of non-infringement, invalidity for lack of a written description and on anticipation. Plaintiff’s motion for summary judgment on anticipation was granted.