Free Order - District Court of Delaware - Delaware

Case 1 :04-cv-00968-GI\/IS Document 109 Filed 07/26/2005 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
·FOR THE DISTRICT OF DELAWARE '
ALLERGAN, INC., and ALLERGAN SALES, )
LLC, )
_ )
Plaintiffs, )
)
v. )
) Civil Action No. 04-968 (GMS)
ALCON INC., ALCON LABORATORIES, )
INC., and ALCON RESEARCH, LTD., ) .
)
Defendants. )
ORDER CONSTRUING THE TERMS OF U.S. Patent Nos. 6 673 337 and 6 641 34
After considering the submissions ofthe parties and hearing oral argument on the matter, IT
IS HEREBY ORDERED, ADJUDGED, and DECREED that, as used in the asserted claims of U.S.
Patent No. 6,673,337 (the “‘637 patent") and U.S. Patent No. 6,641,834 (the "‘834 patent"),
1. The term "solubility enhancing component other than a cyclodext1in" in clam 1 ofthe ‘337
patent is construed as "a component that enhances the solubility of the alpha-2-adrenergic
agonist component other than a cyclodextrin."
2. The term "similar composition" in claims 1 and 6 ofthe ‘337 patent is construed to have its
plain and ordinary meaning.
3. The term "about" in claims 1, 3, IO and l2 of the ‘834 patent is construed as
"approximately."
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