Federal Circuit Purges Non-Infringement Verdict for Patented Colon Cleansing Method
This month the Federal Circuit held that Breckenridge’s proposed labeling for a generic colonoscopy prep kit would induce infringement of Braintree’s patent covering SUPREP. Braintree Labs., Inc. v. Breckenridge Pharm., Inc., No. 16-1731 (Fed. Cir. May 5, 2017). In doing so, the Federal Circuit clarified when proposed labeling amounts to an affirmative intent to induce…