Novel Fights 'Patient' Claim Rehearing In Suprep Suit

Law360, New York (July 7, 2014, 7:22 PM EDT) -- Generic drug producer Novel Laboratories Inc. urged the Federal Circuit on Thursday to deny Braintree Laboratories Inc.’s bid for an en banc rehearing on the construction of the term “a patient” in its Suprep colon cleanser patent, saying the court properly rendered the claim to mean a “patient population.”

In response to Braintree’s May petition for a panel rehearing, Novel argues that the Federal Circuit correctly ruled that the term “a patient” in U.S. Patent Number 6,946,149 applied to the general class of persons to whom the patent is directed, rather than “one or more” patients.

“Braintree’s construction would, indeed, be...

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