Novel Labs Asks Fed Circ. For Reversal In Suprep Suit

Law360, Los Angeles (August 12, 2013, 8:03 PM EDT) -- Somerset, N.J.-based Novel Laboratories Inc. on Friday asked the Federal Circuit to reverse a lower court's ruling that it infringed Braintree Laboratories Inc.'s patent for the colon cleanser Suprep, saying the lower court relied on an erroneous claims construction.

Novel argued that, in granting Braintree summary judgment of infringement, U.S. District Judge Peter J. Sheridan misconstrued key terms in the disputed patent. In addition, Monday's brief also reiterated Novel's contention that the asserted claims in the patent — U.S. Patent Number 6,946,149 — are invalid as anticipated, obvious and indefinite....
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