By Kevin E. Noonan — Stipulating to infringement after a contrary claim construction is a conventional stratagem for a losing party to have a final judgment that can be challenged before the Federal Circuit. The risk of course, is that if the Court finds the district court’s construction to be correct, the stipulation precludes appellate challenge of the infringement judgment. Defendant Maia Pharmaceuticals suffered those consequences recently in Bracco Diagnostics Inc. v. Maia Pharmaceuticals, Inc. The case arose as ANDA litigation over Maia’s generic sincalide product, that Bracco asserted infringed Orange Book-listed U.S. Patent No. 6,803,046 concerning its Kinevac® product….
