Vortioxetine – USA

Vortioxetine – USA

Claim Construction (District of Delaware): Feb 18, 2020

Pending before the Court is the parties’ second set of claim construction disputes related to terms in U.S. Patent Nos. 9,125,908 (“‘908 patent”), 9,125,909 (“‘909 patent”), 9,125,910 (“‘910 patent”), and 9,278,096 (“‘096 patent”). The Court held a claim construction hearing on December 18, 2019, at which both sides presented oral argument.

 

CONSTRUCTION OF DISPUTED TERMS:

A. “has to be ceased or reduced due to sexually related adverse events”

Plaintiffs: No construction necessary. Alternatively, “has to be ceased or reduced due to an adverse event involving dysfunction in one or more areas of sexual functioning, including, desire, arousal, physical response, orgasm, or satisfaction”
Defendant: This term is indefinite.
Court: “has to be ceased or reduced due to an adverse event involving dysfunction in one or more areas of sexual functioning, including, desire, arousal, physical response, orgasm, or satisfaction”.
B. “cognitive impairment”

Plaintiffs: “a decline or deficit in one or more cognitive functions or cognitive domains”
Defendant: “a CNS disorder including a decline in cognitive functions or cognitive domains, which is independent from depression or major depressive disorder.”
Court: “a decline or deficit in one or more cognitive functions or cognitive domains”

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