Free Order - District Court of Delaware - Delaware

Case 1:04-cv—00833-KAJ Document 280 Filed 08/17/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PHARMACIA & UPJOHN COMPANY, )
I
Plaintiff, )
I
v. )
) Civil Action No. 04-833 (KAJ)
SICOR INC. AND SICOR )
PHARMACEUTICALS, INC., I
I
Defendants. )
ORDER
For the reasons set forth inthe Memorandum Opinion issued today, IT IS
HEREBY ORDERED that the following disputed claim terms of U.S. Patent No.
6,107,285 (issued August 22, 2000) are construed as follows:
Claim Term The Court’s Construction
"physio|ogical|y acceptab|e" The court construes the term
"physioIogicaIIy acceptabIe" to mean "the
substance is sterile, pyrogen-free, and
othenzvise suitable for administration to
humans or animaIs."

Case 1:04-cv—00833-KAJ Document 280 Filed 08/17/2006 Page 2 of 3
"anthracycline gIycoside" The court construes the term
"anthracycIine glycoside to mean "a class
of chemical compounds having the
following generic structure:
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/ __? if KRT
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sa
ITO,]
i Ra
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"seaIed container' The court construes the term "seaIed
container" to mean "a closed container
which is further secured against access,
leakage and passage by a fastening,
membrane, or coating that must be
broken to be removed."
"storage stabiIity" The court construes the term "storage
stability" to mean "retaining at least 90%
potency for at least 18 months."
IT IS FURTHER ORDERED that the IVlotion for Summary Judgment of Non-
lnfringement filed by Sicor Inc. and Sicor Pharmaceuticals, Inc., ("Sicor") (Docket Item
["D.I."] 246) is DENIED, and Sicor’s alternative Motion for Summary Judgment of
invalidity for Lack of Written Description (D.I. 246) is also DENIED.
IT IS FURTHER ORDERED that the Motion for Summary Judgment on Sicor’s
Anticipation Affirmative Defense (D.|. 252) filed by Pharmacia & Upjohn Company
("Pharmacia") is GRANTED as to the Janssen reference, and Sicor’s Motion for
Summary Judgment of Anticipation (D.I. 254) is DENIED.
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Case 1:04-cv—00833-KAJ Document 280 Filed 08/17/2006 Page 3 of 3
IT IS FURTHER ORDERED that Pharmacia’s Motion for Summary Judgment on
Sicor’s Unclean Hands Affirmative Defense (D.|. 248) is DENIED.
IT IS FURTHER ORDERED that, within five days, the parties will provide
recommendations for redactlons to this opinion so that a public version may be filed.
Proposed redactlons must be kept to an absolute minimum
O * @'/
Iv ,'l» ·:A4, -
NI' ‘• · W? TJUDGE
August 17, 2006
Wilmington, Delaware
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