Claim construction:

VALEANT PHARMACEUTICALS NORTH AMERICA LLC et al v. ZYDUS PHARMACEUTICALS (USA) INC. et al

Court: District of New Jersey

Case: 3:18-cv-13635

Date: Jan. 11, 2021

Judge: Brian R. Martinotti

 

This claim construction dispute was with respect to two claim terms: “bottom portion” and “tip portion.” This case arises out of an action for infringement of Karen’s patent, U.S. Patent No. 10,478,601, by Defendants’ filing of an ANDA seeking USFDA approval to market a generic version of Plaintiffs’ product Jublia®—an efinaconazole topical solution, 10%. The US’601 patent describes a solution applicator “with which irritation on an affected part of
a patient may be reduced even when a solution is used.”

 

The chart below sets forth the parties’ proposed constructions.

Claim Language	Asserted Claims	Plaintiffs’ Proposed Construction	Defendants’ Proposed Construction
“bottom portion”	’601 patent claim 8	Plain and ordinary meaning, i.e., “the lateral surface that is bonded to the tubular body”	“the lateral surface that is bonded to the lowest end of the tubular body of the bottomed tubular holder”
“tip portion”	’601 patent claim 8	Plain and ordinary meaning, i.e., “end portion of the columnar brush member”	“fan-shaped end of the columnar brush member”

The Court examined & finally defined the disputed claim term “bottom portion” to mean “the lateral surface that is bonded to the tubular body,” and “tip portion” to mean “the fan-shaped end of the columnar brush member.”