Judge Saylor issued a Second Amended Claim Construction Order in a dispute accusing Centocor’s psoriasis drug Stelera of infringing Patent Nos. 6,914,128 and 7,504,485 (rights to the ‘128 patent were awarded to Abbott in an earlier interference proceeding against Centocor).
The first amended order was issued to change a typo. This second order added a construction for the claim term “human antibody”. In interpreting this term the court declined to limit its construction to examples listed in the specification as ones which are “include[d]” as human antibodies. The court noted that “includes” is a non-limiting term and the proposed construction was “strained” and not supported.
Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc., 09-11340-FDS (D. Mass. May 5, 2011)
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