By Order dated June 24, 2010, Chief Judge Gregory M. Sleet adopted the Report and Recommendation Regarding Claim Construction entered by Magistrate Judge Leonard P. Stark on May 12, 2010 in The Research Foundation of State of New York, et al. v. Mylan Pharmaceuticals, L.P., Civil Action No. 09-184-GMS-LPS. In doing so, the Court adopted the constructions of the five terms in dispute, “tetracylcline compound”, “antibiotic tetracycline compound”, “the tetracycline compound has substantially no anti-microbial activity”, “minimum antibiotic serum concentration”, and “chronic inflammatory condition”, as used in the asserted claims of United States Patent Nos. 7,232,572, 7,211,267, 5,789,395 and 5,919,775 in accordance with Judge Stark’s recommended constructions in his Report and Recommendation. The Court also adopted the constructions of the six terms that the parties agreed to among themselves as set forth in Judge Stark’s Report and Recommendation. Copies of Judge Stark’s Report and Recommendation Regarding Claim Construction and Judge Sleet’s Order adopting it are attached.
