Gregory M. Sleet: Inhalation-Anesthetic Patent Claims Construed

Last week, Chief Judge Gregory M. Sleet issued a decision that construed the claims of an inhalation-anesthetic patent. The Court construed five terms and phrases in the underlying ANDA litigation:

“A volatile liquid anaesthetic”
“A tubular outlet through which said volatile liquid anaesthetic agent can leave said reservoir and vapor can enter said reservoir when said valve is open”
“Free end”
“Means for forming a connection between said container and a vaporizer to retain said container on the vaporizer, said means comprising a formation formed on the outer surface of said tubular outlet which presents a surface facing in a direction substantially opposite to the direction in which said volatile liquid anaesthetic agent passes out of said reservoir through said outlet for latching with a cooperating surface provided at the inlet to the vaporizer to which said volatile liquid anaesthetic agent is to be supplied”
Baxter Healthcare Corp. v. Minrad Inc., C.A. No. 09-054-GMS (D. Del. Nov. 29, 2010) (Sleet, C.J.).

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