We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents


Kirkland & Ellis LLP has redefined what it means to be the biggest of BigLaw — weighing in at 2,116 attorneys by year end 2018 and becoming the first firm since Law360 began tracking law firm head counts to top 2,000 U.S.-based attorneys.



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

June 10, 2013

Law Firms

Government Agencies