Free Order on Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv—OO968-Gl\/IS Document 186 Filed O3/06/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OE DELAWARE
ALLERGAN, INC., and ALLERGAN SALES, )
LLC, )
_ )
Plaintiffs, )
)
v. )
) Civil Action No. O4-968 (GMS)
ALCON INC., ALCON LABORATORIES, )
INC., and ALCON RESEARCH, LTD., )
)
Defendants. )
ORDER
Presently before the court is the defendants’ "Motion In Linime to Exclude Opinions of Dr.
Valentino Stella Pertaining to the Alleged Infringement of Claim 6 ofthe ‘337 Patent." (D.I. 155
at 11-15.) At issue is dependent claim 6 of U.S. Patent No. 6,673,337 (“the ‘337 patent"):
The composition of claim 1 wherein the solubility enhancing component is
effective to increase the solubility in a biologi`cal ciiviroizmciit of the
alpha-2—adrenergic agonist component relative to the solubility in a biological
environment of an identical alpha—2—adrenergic agonist component in a similar
composition without the solubility enhancing component.
‘337 patent, col. 16, l. 65 — col. 17, l. 4 (emphasis added). Although claim 6 is worded in terms of
"a biological environment," the defendants point out that the opinion of the plaintiffs’ expert, Dr.
Stella, is limited to the effectiveness of certain solubility enhancing component ("SEC") within
particular pH ranges. According to the defendants, a biological environment such as the human eye
is far more complex than a mere pH range. Therefore, the defendants contend, Dr. Stella’ s testimony
will not be helpful to the court as the trier of fact, and therefore, should be excluded.
The defendants’ argument relies on the premise that the complexities ofthe human eye other
than its pH range are material to the effectiveness of SECs. However, this is a lay court without

Case 1 :04-cv—OO968-GIVIS Document 186 Filed O3/06/2006 Page 2 of 2
expertise in the biology of the human eye and its interaction with chemicals, Thus, the court is
unable to conclude, without the aid of expert testimony, that the del`er1dants’ premise is correct. At
trial, the defendants will have ample opportunity to test Dr. Stella’s theory both through cross
examination and through their own expert witness.
IT IS HEREBY ORDERED THAT:
The det`endants’ "i\/lotion In Lémme to Exclude Opinions of Dr. Valentino Stella Pertaining
to the Alleged Inhingernent of Claim 6 ofthe “337 Patent" (DT. 155 at ll-15) be DENIED.
Dated: March 5 , 2006 , ,
UN D S ATES DIST CT JUDGE
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