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Fed. Circ. Flips Braintree Win In Generic Suprep Suit

Law360, Los Angeles (April 22, 2014, 4:53 PM EDT) -- The Federal Circuit on Tuesday vacated a district court's ruling that Novel Laboratories Inc. infringed Braintree Laboratories Inc.'s patent for the colon cleanser Suprep, finding the lower court misconstrued a key claim term.

In a 2-1 decision, the appellate court ruled that U.S. District Judge Peter J. Sheridan misconstrued the claim term "clinically significant electrolyte shifts" in Braintree's U.S. Patent Number 6,946,149, and consequently erred in granting Braintree's motion for summary judgment of infringement.

Also in Tuesday's ruling, the Federal Circuit affirmed Judge Sheridan's construction of the term "purgation" and his finding that the '149 patent isn't invalid as anticipated, obvious...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

June 10, 2013

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Government Agencies

Patents