Exhibit C 

Case 3:11-cv-03788-MAS-LHG Document 74-4 Filed 07/30/12 Page 1 of 5 PageID: 721
Joint Claim Construction and Prehearing Statement

Portion to be Sealed General Description

Page 5, Table, Row 2, Columns 2-5; Mylan’s construction of “essentially waterfree” 

Page 9, Table, Row 3, Columns 2-3; Mylan’s constructions of “essentially waterfree” and “ordered mixture of microparticles of 

at least one pharmaceutically active agent 

adhered to the surfaces of carrier particles, said 

particles being substantially larger than said 

microparticles and being water soluble, and a 

bioadhesion and/or mucoadhesion promoting 

agent mainly adhered to the surfaces of the 

carrier particles” 

Page 9, footnote 12, lines 3-6; Mylan’s construction of “essentially water 

free” 

Page 10, Table, Rows 5-10, Columns 2-3; 

Page 11, Table, Rows 12-14, Columns 2-3; 

Mylan’s constructions of “essentially waterfree” and “ordered mixture of microparticles of 

at least one pharmaceutically active agent 

adhered to the surfaces of carrier particles, said 

particles being substantially larger than said 

microparticles and being water soluble, and a 

bioadhesion and/or mucoadhesion promoting 

agent mainly adhered to the surfaces of the 

carrier particles” 

Page 19, Attachment 2, Row 3, Column 2; Mylan’s constructions of “essentially waterfree” 

Page 21, Attachment 2, Column 2, lines 2-4; Mylan’s citation to Examples 1 and 2 of the 

‘910 patent that includes an explanation 

specifically revealing Mylan’s construction of 

“essentially water-free.” 

Page 22, Attachment 2, Column 2, lines 27-38; 

Page 23, Attachment 2, all of Column 2; 

Mylan’s disclosure of its expert testimony that 

specifically reveal Mylan’s constructions. 

Page 24, Attachment 2, Column 1, lines 4-12; Orexo’s disclosure of expert testimony that 

specifically reveals Mylan’s constructions. 

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2

Portion to be Sealed General Description

Page 25, Attachment 3, all of Column 2; 

Page 26, Attachment 3, all of Column 2; 

Mylan’s construction of “ordered mixture of 

microparticles of at least one pharmaceutically 

active agent adhered to the surfaces of carrier 

particles, said particles being substantially 

larger than said microparticles and being water 

soluble, and a bioadhesion and/or 

mucoadhesion promoting agent mainly 

adhered to the surfaces of the carrier particles.” 

Page 44, Attachment 3, Column 2, lines 28-38; 

Page 45, Attachment 3, Column 2, lines 1-28; 

Page 54, Attachment 3, Column 2, lines 19-37; 

Page 55, Attachment 3, all of Column 2; 

Page 56, Attachment 3, Column 2, lines 1-27; 

Page 57, Attachment 3, Column 2, lines 12-35; 

Page 58, Attachment 3, Column 2, lines 1-26, 

32-37; 

Page 59, Attachment 3, Column 2, lines 1-3 

Mylan’s disclosure of its expert testimony that 

specifically reveal Mylan’s construction of 

Mylan’s construction of “ordered mixture of 

microparticles of at least one pharmaceutically 

active agent adhered to the surfaces of carrier 

particles, said particles being substantially 

larger than said microparticles and being water 

soluble, and a bioadhesion and/or 

mucoadhesion promoting agent mainly 

adhered to the surfaces of the carrier 

particles.”. 

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3

Exhibit B to the Joint Claim Construction and Prehearing Statement

Portion to be Sealed General Description

Page 2, Attachment 2, Row 3, Column 2, lines 

1-5; 

Mylan’s construction of “essentially waterfree” 

Page 3, Attachment 2, Row 2, Column 2, lines 

22-23; 

Mylan’s citation to Examples 1 and 2 of the 

‘910 patent that includes an explanation 

specifically revealing Mylan’s construction of 

“essentially water-free.” 

Page 6, Attachment 3, Row 3, Column 2, lines 

5-22; 

Page 7, Attachment 3, Row 2, all of Column 2; 

Page 8, Attachment 3, Row 2, Column 2, lines 

1-7, 9-15; 

Mylan’s construction of “ordered mixture of 

microparticles of at least one pharmaceutically 

active agent adhered to the surfaces of carrier 

particles, said particles being substantially 

larger than said microparticles and being water 

soluble, and a bioadhesion and/or 

mucoadhesion promoting agent mainly 

adhered to the surfaces of the carrier particles.” 

Page 28, Attachment 3, Row 2, Column 2, line 

27; 

Page 29, Attachment 3, Row 2, all of Column 

2; 

Mylan’s disclosure of its expert testimony that 

specifically reveal Mylan’s construction of 

Mylan’s construction of “ordered mixture of 

microparticles of at least one pharmaceutically 

active agent adhered to the surfaces of carrier 

particles, said particles being substantially 

larger than said microparticles and being water 

soluble, and a bioadhesion and/or 

mucoadhesion promoting agent mainly 

adhered to the surfaces of the carrier 

particles.”. 

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4

Exhibit 1 to the Joint Claim Construction and Prehearing Statement

Portion to be Sealed General Description

Page 2, Table of Disputed Terms, Rows 2-7, 

Column 2, all constructions except 

“Treatment” and “Effective amount of at least 

one pharmaceutically active agent in the form 

of microparticles adhered to the surfaces of 

carrier particles.” 

Mylan’s constructions of “essentially waterfree” and “ordered mixture of microparticles of 

at least one pharmaceutically active agent 

adhered to the surfaces of carrier particles, said 

particles being substantially larger than said 

microparticles and being water soluble, and a 

bioadhesion and/or mucoadhesion promoting 

agent mainly adhered to the surfaces of the 

carrier particles” 

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