Ivermectin – USA

Ivermectin – USA

Claim Construction (District of Delaware): Oct 22, 2019

Presently before the Court is the issue of claim construction of a term in U.S. Patent No. 10,206,939 (“the ‘939 patent”). The patent relates to methods and compositions for topical treatment of rosacea with ivermectin. The parties dispute a term recited in claims 8, 9, 20, 21, and 22 of the ‘939 patent.

CONSTRUCTION OF DISPUTED TERMS:

1. “wherein the subject has no adverse reaction, [wherein/and] the adverse reaction is skin burning sensation or skin irritation”

a. Plaintiffs’ proposed construction: “wherein the treatment results in a low incidence of skin burning sensation or skin irritation”

b. Defendant ‘s proposed construction: “wherein the pharmaceutical composition is well tolerated with a low incidence of skin burning sensation or skin irritation”

c. Court ‘s construction: “wherein the treatment results in a low incidence of skin burning sensation or skin irritation”

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