Extended Release Coating Claim Construction Vacated
Dr. Richard Chinn reports, via LinkedIn:
In Aptalis Pharmatech v. Apotex, the Fed. Cir. concluded that the district court erred in construing the claim term “extended release coating” and vacated and remanded for further proceedings. The parties stipulated that the term “a water insoluble polymer membrane surrounding said core” means “a water insoluble polymer covering that surrounds the active core” leaving the district court to construe “an extended release coating.” The Fed. Cir. adopted Apotex’s proposed construction of this term as “a continuous outer film applied onto the surface of the active-containing core to provide an extended release of the active core” differentiating the claimed membrane system from the asserted matrix system of achieving extended release.