PHARMASTEM THERAPEUTICS, INC. v. VIACELL INC. (D.Del. 2003)

GREGORY M. SLEET, United States District Judge

After considering the submissions of the parties and hearing oral argument on the matter, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the court construes the disputed claims of the patents-in-suit as follows:

U.S. Patent Nos. 5,004,681 and 5,192,553:

1. "hematopoietic stem cells"

"hematopoietic stem cells" is construed to mean "cells capable of effecting repopulation of blood and other hematopoeietic organs."

2. "cryopreservative"

"cryopreservative" is construed to mean "an agent capable of preserving at very low temperatures."

3. "cryopreservation," "cryopreserving," and "cryopreserved"

"cryopreservation," "cryopreserving," and "cryopreserved" are construed to mean "preserving at very low temperatures that may also include an additional agent capable of preserving the cells, blood components, or compositions."

4. "therapeutic composition" "therapeutic composition" is construed to mean "a composition that is useful for the treatment or prevention of diseases or disorders."

5. "[stem cells] in an amount sufficient"

"[stem cells] in an amount sufficient" is construed to mean "in a quantity as much as is needed."

6. "derived"

"derived" is a commonly understood word and requires no additional construction.

7. "can proliferate within the host"

"can proliferate within the host" is construed to mean "capable of increasing in quantity."