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MEDICIS PHARMACEUTICAL CORPORATION v. ACTAVIS MID ATLANTIC LLC, 11-409-LPS-CJB. (2012)

Court: District Court, D. Delaware Number: infdco20120717866 Visitors: 3
Filed: Jul. 16, 2012
Latest Update: Jul. 16, 2012
Summary: ORDER LEONARD P. STARK, District Judge. WHEREAS, Magistrate Judge Burke issued a Report and Recommendation (D.I. 115) dated June 12, 2012; WHEREAS, the Report and Recommendation recommends that the Court adopt certain claim constructions; WHEREAS, any Objections to the Report and Recommendation were to be filed by June 29, 2012; WHEREAS, neither party has filed an Objection to the Report and Recommendation; WHEREAS, the Court concludes that the Report and Recommendation should be adopted
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ORDER

LEONARD P. STARK, District Judge.

WHEREAS, Magistrate Judge Burke issued a Report and Recommendation (D.I. 115) dated June 12, 2012;

WHEREAS, the Report and Recommendation recommends that the Court adopt certain claim constructions;

WHEREAS, any Objections to the Report and Recommendation were to be filed by June 29, 2012;

WHEREAS, neither party has filed an Objection to the Report and Recommendation;

WHEREAS, the Court concludes that the Report and Recommendation should be adopted for the reasons stated by Magistrate Judge Burke;

NOW THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation (D.I. 115) is ADOPTED, and the Court adopts the following constructions:

1. "for a period of time sufficient to improve the skin disorder" means "over a course of treatment of sufficient duration to improve the skin disorder"

2. "base to adjust pH" means "a basic compound that can be used to adjust pH"

3. "lightly cross-linked polyacrylic acid polymer" means "a cross-linked polymer of acrylic acid with a viscosity of less than about 15,000 cP, where the polymer is in a 0.5% solution at pH 7.5, as measured by a Brookfield viscometer at 20 rpm"

4. The "container" recited in claim 16 means "a container that has a sufficiently small orifice tip to dispense quantities of the low-viscosity gel composition in accordance with treatment instructions"

5. The "container" recited in claim 52 means "a container that has a sufficiently small orifice tip to dispense generally spherical quantities of the low-viscosity gel composition in accordance with treatment instructions."

Source:  Leagle

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