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In re Brimonidine Patent Litigation

In a patent action involving an eyedrop formulation for the treatment of glaucoma, judgment of the district court is affirmed-in-part and reversed-in-part with respect to one defendant, but reversed with respect the other, where: 1) as applied to first defendant, the district court erred in its determination that the asserted claims are not invalid but properly determined that defendant failed to satisfy its burden to show that each asserted claim of the related patents is invalid as a matter of law; and 2) the district court erred by assuming that second defendant would manufacture a drug outside of the parameters of its Abbreviated New Drug Application.

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