Waiting for Federal Circuit to Rule on Patent Validity

Braintree Laboratories, Inc. v. Breckenridge Pharmaceutical, Inc.

Case Number: 1:12-cv-06851-AJN (Dkt.65)

Judge Nathan administratively denied Breckenridge’s motion for summary judgment of noninfringement (which argued that its ANDA product’s volume of 946 ml was outside the claimed “about 100 ml to about 500 ml volume” of U.S. Patent No. 6,946,149 (entitled “Salt solution for colon cleansing”)), in light of an appeal now before the Federal Circuit in Braintree Labs., Inc. v. Novel Labs., Inc., No. 13–1348, a decision in which could end this case.

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