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shell or tablet coating should be treated the same way as an ingredient of the composition. However, such would be the result of Teva's argument. While the inventors could have made that connection, nothing in the patent or prosecution history suggests that they did.

It is clear that the inventors were concerned about a catalytic reaction in the presence of certain adjuvants. ('482 patent, col. 5, ll. 30-33). Obviously, that concern is most relevant where the catalyst is intimately mixed with the reactive material, suggesting to the Court that peripheral or partial contact, as in a capsule shell or tablet film coating, between a catalyst and the reactive material was of lesser concern. This, in conjunction with the lack of reference in the patent to ingredients of capsule shells or tablet film coatings, further suggests to the Court that claim 7 of the '482 patent is directed to gabapentin and substances intimately mixed therewith, not the actual ingredients used in capsule shells or tablet film coatings.

[8] When considered in light of the patent claims and specification, extrinsic evidence also supports this conclusion. Phillips v. AWH Corp., 415 F.3d 1303, 1322-23 (Fed.Cir.2005) (citing Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1584, 1585 n. 6 (Fed.Cir.1996) (courts are free to consult and rely on dictionary definition when construing claims so long as definition is not at odds with definition found in patent documents)). There is a strong presumption that a claim term carries its ordinary meaning. W.E. Hall Co., Inc. v. Atlanta Corrugating, LLC, 370 F.3d 1343, 1350 (Fed.Cir.2004). Warner-Lambert's position-that ingredients of capsule shells or tablet coatings are not "adjuvants" because they are not mixed with the drug formulation-comports with the commonly understood definition of adjuvant: "A pharmacological agent added to a drug, predictably affecting the action of the drug's active ingredient." The American Heritage Stedman's Medical Dictionary (2002); A "substance added to a prescription to aid the effect of the main ingredient." The Random House Dictionary of the English Language (2d ed.1987); "A pharmacological agent added to a drug to enhance its effect." Webster's II New Riverside University Dictionary (1984). While these dictionary definitions do not necessarily defeat Teva's construction of adjuvant as being any "ingredient" that aids the effect of the main ingredient, including those of capsule shells or tablet coatings, the Court finds the general emphasis on ingredients being "added to" a drug to be more consistent with Warner-Lambert's construction.

For these reasons the Court concludes that a skilled formulator would understand the term "adjuvant" in claim 7 to mean that subset of inactive ingredients that is intimately mixed with gabapentin to form the drug mixture, and thus construes claim 7 so as not to refer to the ingredients of capsule shells or tablet coatings. Accordingly, Teva's use of titanium dioxide does not itself compel a finding of noninfringement.

B. Doctrine of Equivalents

[9] [10] An accused product that does not literally infringe may nonetheless still infringe under the "doctrine of equivalents," which allows a patentee to claim insubstantial alterations not expressly captured in drafting of the original patent claim. Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki, 535 U.S. 722, 733, 122 S.Ct. 1831, 152 L.Ed.2d 944 (2002). The underlying rationale of the doctrine is that language may not capture the true essence of an invention. Id. at 734, 122 S.Ct. 1831. There are two major limitations on the doctrine of equivalents. First, a patentee cannot claim that which could not have been patented based on prior art. Marquip, Inc. v. Fosber Am. Inc., 198 F.3d 1363, 1367 (Fed.Cir.1999). Second, a patentee cannot recapture subject matter surrendered during prosecution to obtain patentability. Warner-Jenkinson Co. v. Hilton Davis Chem. Co., 520 U.S. 17, 30, 117 S.Ct. 1040, 137 L.Ed.2d 146 (1997).

Teva argues that prosecution history estoppel bars Warner-Lambert from asserting that Teva's gabapentin

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