`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`GENENTECH, INC. and CITY OF HOPE,
`
`Plaintiffs and Counterclaim
`Defendants,
`
`v.
`
`AMGEN INC.,
`
`Defendant and Counterclaim
`Plaintiff.
`
`GENENTECH, INC. and CITY OF HOPE,
`
`Plaintiffs and Counterclaim
`Defendants,
`
`Civ. No. 18-924-CFC
`
`v.
`
`Civ. No. 18-1363-CFC
`
`SAMSUNG BIOEPSIS CO., LTD.,
`
`Defendant and Counterclaim
`Plaintiff.
`
`ORDER
`
`For the reasons stated in the accompanying Memorandum Opinion, IT IS
`
`HEREBY ORDERED, that the disputed claim terms are construed as follows:
`
`
`
`Case 1:18-cv-01363-CFC Document 157 Filed 06/14/19 Page 2 of 3 PageID #: 14860
`
`Claim Term
`
`Court's Construction
`
`"a method for increasing likelihood
`of effectiveness of breast cancer
`treatment with humanized anti-ErbB2
`antibody huMAb4D5-8"
`('834 patent)
`
`A method of treatment of patients who
`have a greater likelihood of responding
`to treatment by administering humanized
`anti-ErbB2 antibody huMAb4D5-8. The
`preamble is limiting.
`
`"pre-harvest [ culture fluid]"
`('869 patent)
`
`No construction needed. Plain and
`ordinary meaning.
`
`"wherein the patient's cancer cells
`express HER2 at a O or 1 + level by
`immunohistochemistry"
`('066 patent)
`
`Wherein the patient's cancer cells have
`been found to express HER2 at a O or 1 +
`level by any immunohistochemistry test
`
`"a glutamine-free production culture Culture medium used in the production
`medium"
`phase that is not formulated or
`supplemented with glutamine
`('983 patent)
`
`"wherein said citric acid or citrate is During the cultivation of the cells the
`maintained at a concentration of
`citric acid or citrate is maintained at a
`about 1 to 50 mmol/L during
`concentration of between approximately
`cultivation" and "is not bound in a
`I and approximately 50 mmol/1 and is
`chelate complex with iron or another
`not bound in a chelate complex with iron
`transition metal ion"
`or another transition metal ion
`(' 660 patent)
`
`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
`
`2
`
`
`
`Case 1:18-cv-01363-CFC Document 157 Filed 06/14/19 Page 3 of 3 PageID #: 14861
`
`term "following fermentation" can be construed by resort to extrinsic evidence or is
`
`invalid for indefiniteness.
`
`Dated: June 14, 2019
`
`UNITED STATES Dis
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
