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Claim Construction Dispositive of Infringement

In litigation related to tipiracil compounds, Judge Hall found a “purity of at least 90%” limitation to refer to polymorphic purity and not chemical purity. By agreement of parties, this construction was dispositive of infringement of the ‘666 Patent. Here’s a link to Judge Hall’s Memorandum Opinion in Taiho Pharmaceutical Co., Ltd. et al v. MSN Laboratories Private Ltd. et al, C.A. No. 19-2342-JLH, D.I. 262 (D. Del.). Congratulations to nice work by lead counsel W. Blake Coblentz and Aaron Lukas of Cozen O’Connor.

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