Oxycodone – USA

Oxycodone – USA

Claim Construction (District of Delaware): Sep 11, 2019

In these consolidated Hatch-Waxman patent litigation matters filed by Plaintiff Collegium Pharmaceutical, Inc. (“Plaintiff’) against Defendant Teva Pharmaceuticals USA, Inc. (“Defendant”), Plaintiff alleges infringement of 13 patents: United States Patent Nos. 7,771,707, 8,449,909, 8,557,291, 8,758,813, 8,840,928, 9,044,398, 9,248,195, 9,592,200, 9,682,075, 9,737,530, 9,763,883, 9,968,598 and 10,004,729. Defendant filed ANDA to market generic version of XTAMPZA ER.

According to Plaintiff, the patented inventions “make attempts to abuse powerful pain medications more difficult or less rewarding, generally by protecting against unintended exposure of drugs such as opiates.” The claims of the asserted patents purport to “involve new ways to dissolve [such drugs] in very small beads of wax that will release the drug over time when administered as intended, but that make it difficult to manipulate the formulation for purposes of abuse and misuse.”

A. “homogeneous single phase”

Plaintiff                : “Drug is dissolved in the excipient matrix and uniformly and molecularly dispersed”
Defendant            :  Plain and ordinary meaning.
Court                   : “Drug is dissolved in the excipient matrix and uniformly dispersed.”

B. “solidified solution”

Plaintiff                : “a system in a solid wherein the drug is molecularly dispersed throughout a matrix such that the system is chemically and physically uniform or homogeneous throughout”
Defendant            : Plain and ordinary meaning.
Court                   : “a solution that has transitioned to a solid form.”

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