Judge Sleet construes claim term after dispute raised mid-trial as to meaning of term

Judge Gregory M. Sleet recently construed the claim term “physiologically required amounts” following a four-day bench trial on infringement of plaintiff’s U.S. Patent No. 5,989,581.  Merck Sharp & Dohme B.V. v. Warner Chilcott Company, LLC, C.A. No. 13-2088-GMS (D. Del. Feb. 25, 2016).  During the trial, Judge Sleet determined that the parties disputed the meaning of the term and it was appropriate for the Court to resolve the dispute.  Judge Sleet ordered post-trial claim construction briefing and subsequently issued an order construing the term to mean “the amounts of the progestogenic compound and the estrogenic compound required by the body to achieve the full therapeutic effect.”

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