`Case 1:17-cv-01407-CFC Document 402 Filed 06/17/19 Page 1 of 3 PageID #: 35563
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`GENENTECH, INC. and CITY OF
`HOPE,
`
`Plaintz'fifs,
`
`Civ. No. 17-1407- CFC. consol.
`
`V.
`
`AMGEN INC.,
`
`Defendant.
`
`.
`
`ORDER
`
`For the reasons stated in the accompanying Memorandum Opinion, IT IS
`
`HEREBY ORDERED, that the Court adopts the following claim constructions:
`
`“a glutamine-free production culture
`medium”
`(’983 patent)
`
`“a culture medium used in the
`production phase that is not formulated
`or supplemented with glutamine”
`
`“wherein the cystine is at a concentration
`“wherein the cystine is at a
`concentration of from 1.25 mM to 2.5 of from 1.25 mM to 2.5 mM calculated
`
`not limited to human insulin.
`
`mM”
`(,035 patent)
`
`“insulin”
`(,03 5 patent)
`
`when the cell culture medium is
`formulated”
`
`Plain and ordinary meaning. The claim is
`
`
`
`Case 1:17-cv-01407-CFC Document 402 Filed 06/17/19 Page 2 of 3 PageID #: 35564
`Case 1:17-cv-01407-CFC Document 402 Filed 06/17/19 Page 2 of 3 PageID #: 35564
`
`endothelial growth factor (VEGF)
`antibody recited at the beginning of
`claim 1.”
`
`“Said Humanized Variant”
`
`(’879 patent)
`
`“Said Humanized anti-VEGF
`
`Antibody”
`
`(’901 patent)
`
`Preamble of Claim 2: “A method for
`
`inhibiting VEGF—induced
`angiogenesis in a subject”
`
`(’269 patent)
`
`“binds human VEGF with a Kd value
`
`of no more than about 1 x 10-8 M”
`
`(’269 patent)
`
`“cystine”
`
`(’035 patent)
`
` “The humanized anti-vascular
`
`Plain and ordinary meaning. The
`preamble is not limiting.
`
`Plain and ordinary meaning. The
`limitation does not require a Kd
`determination “in a subject.”
`
`Plain and ordinary meaning, which is
`“the amino acid that is a dimer of
`
`cysteine and has a molecular weight of
`240.3 g/mol. when not charged.”
`
`“Grade III hypertensive event”
`
`(’672 patent)
`
`“hypertensive event requiring therapy or
`more intensive therapy than previously”
`
`“without altering the dosage regimen”
`
`(’672 patent)
`
`“according to the dosage regimen in
`place at the time of the Grade III
`hypertensive even .”
`
`IT IS HEREBY FURTHER ORDERED, for the reasons stated in the
`
`Memorandum Opinion, that the parties shall submit a joint status report by June 24,
`
`2019 setting forth their proposed process and timing for deciding whether the claim
`
`
`
`Case 1:17-cv-01407-CFC Document 402 Filed 06/17/19 Page 3 of 3 PageID #: 35565
`Case 1:17-cv-01407-CFC Document 402 Filed 06/17/19 Page 3 of 3 PageID #: 35565
`
`term “following fermentation” can be construed by resort to extrinsic evidence or is
`
`invalid for indefiniteness.
`
`Dated: June 17, 2019
`
`Q. £2 4 3% 2
`
`UNITED STATES DIS
`
`CT JUDGE
`
`
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