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The United States District Court in Delaware has issued a ruling in Roquette's lawsuit against SPI Pharma construing the proper meaning of ten disputed terms in the claims of Roquette's U.S. Patent No. 5,573,777. The patent covers a pulverulent mannitol of moderate friability as well as the process for its preparation. The lawsuit accuses SPI's Mannogem EZ and Pharmaburst products of infringement.
The Court construed eight of the ten disputed claim terms consistent with the meanings proposed by Roquette. The Court construed two of the terms, which apply only to a secondary form of spray dried mannitol sold by SPI Pharma, consistent with definitions proposed by SPI. Roquette alleges that the Mannogem EZ and the secondary form of SPI's product both infringe the patent.
The Court's claim construction ruling further solidifies Roquette's claim of infringement and clears the way for trial in October on the patent infringement issues.
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