Defining Claim Term

Term “co-micronization,” as used in composition and method claims for fenofibrate, does not take its ordinary and accustomed meaning, and is properly construed to require micronization of fenofibrate and solid surfactant in absence of other excipients, since term is specifically defined in that manner in patent, and patentee’s definition from specification, thus is properly read into claims.  Courts must presume that the terms in the claim mean what they say, and unless otherwise compelled, give full effect to the ordinary and accustomed claim terms.  However, in this instance, the patentee has “chosen to be his own lexicographer and has explicitly defined in the patent specification.”  (Abbott Laboratories v. Novopharm Ltd., 66 USPQ2d 1200, CA FC, 3/20/03).

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