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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DEL A WARE ROCHE PALO ALTO LLC, Plaintiff,
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v.
ENDO PHARMACEUTICALS, INC., Defendant.

C.A. No. 10-261 (GMS)

ORDER CONSTRUING THE TERMS OF U.S. PATENT NO. 6,083,953 After having considered the submissions of the parties, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that, as used in the asserted claims of U.S. Patent No. 6,083,953: 1. The term "compound 2-(2-amino-l ,6-dihydro-6-oxo-purin-9-yl)methoxy-3-hydroxy-l propanyl-L-valinate hydrochloride in crystalline form" is construed to mean

"valganciclovir hydrochloride in a physical form having molecules arranged in a regularly repeating three dimensional pattern."l

Dated: August

11-, 2011

court rejects Endo' s proposed construction and adopts the plaintiff s proposed construction. Endo's proposed limitations "with long range order," "having a crystalline phase change at 142C and a decomposition point at above 175 C," and "existing in a stable form when being processed into a pharmaceutical formulation" are not supported by the intrinsic record. The proposed "with long range order" limitation is unduly vague. The prosecution history contains no explicit disclaimers that would justify importing the remaining two limitations. Adopting Endo's construction thus would improperly import descriptions of preferred embodiments in the specification and impose them as limitations on the claims.

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