Last updated: May 7, 2026
What Did the Court Decide in Breckenridge Pharmaceutical, Inc. v. KV Pharmaceutical Company (4:09-cv-00803)?
Breckenridge Pharmaceutical, Inc. v. KV Pharmaceutical Company (E.D. Texas, case no. 4:09-cv-00803) is a patent litigation matter tied to Breckenridge’s IP position in the ANDA pipeline for a marketed drug product. The procedural posture and any merits holdings (claim construction, infringement findings, validity rulings, and injunction/damages outcomes) determine whether the case functioned as a generic-entry enabler, a settlement catalyst, or a stand-alone adjudication of patent scope.
However, this record cannot be produced to a complete, accurate litigation summary based on the information available in the prompt. The case number alone does not supply the case caption’s patent(s)-in-suit, the asserted claims, the claim construction record, the final judgment date, or the docket outcomes required to generate a litigation-grade analysis.
What patents and claims were at issue in 4:09-cv-00803?
A litigation summary must identify, at minimum:
- the patent(s)-in-suit (numbers)
- asserted claims
- the product(s) and ANDA filing context
- the theories (infringement, noninfringement, invalidity grounds)
No patent identifiers or claim details are present in the provided input, so the analysis cannot be completed to the standard required for patent litigation reporting.
What was the procedural timeline and final outcome?
A complete litigation analysis requires hard dates and outcomes, such as:
- complaint filing date
- answer and responsive motions
- any Markman date
- summary judgment rulings (if any)
- trial disposition (if any)
- final judgment date and terms (injunction, damages, fees)
- settlement or dismissal terms (if resolved without trial)
The prompt provides the docket number only, which is insufficient to extract or verify the procedural record.
What did the court hold on infringement and validity?
A Bloomberg-style litigation analysis must include:
- claim construction results (for each key term)
- infringement analysis (element-by-element mapping)
- validity analysis (anticipation, obviousness, indefiniteness, written description/enablement where applicable)
- any appellate posture (if present)
No holdings, claim construction, or validity determinations are supplied in the prompt.
Why does this case matter for freedom-to-operate and generic entry timing?
The economic relevance depends on whether the court:
- enjoined KV (or required design-around)
- narrowed claim scope through construction
- invalidated key claims
- led to an agreed-upon settlement entry date
Without the case disposition terms and the patent basis, the FTO impact cannot be stated accurately.
Key Takeaways
- A litigation-grade summary cannot be produced from case number alone. The prompt does not include the patent(s)-in-suit, asserted claims, procedural milestones, or final disposition needed for an accurate analysis.
- Any statement about infringement, validity, injunctions, or entry timing would be ungrounded in the absence of docket and judgment specifics.
- No actionable litigation conclusions can be delivered for Breckenridge Pharmaceutical, Inc. v. KV Pharmaceutical Company (4:09-cv-00803) from the provided information.
FAQs
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What is 4:09-cv-00803?
It is the docket identifier for Breckenridge Pharmaceutical, Inc. v. KV Pharmaceutical Company in federal court, but it does not contain the patent or merits information required for a litigation summary.
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Which patents were asserted?
The prompt does not list the patents-in-suit, so the asserted portfolio cannot be identified.
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Did the case go to trial?
The prompt does not include the procedural outcome, so trial status and findings cannot be determined.
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What was the final judgment or settlement result?
The prompt does not provide judgment or settlement terms.
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How does the outcome affect ANDA launch dates?
ANDA launch timing depends on injunction scope or settlement entry terms, which are not provided.
References
[1] Breckenridge Pharmaceutical, Inc. v. KV Pharmaceutical Company, No. 4:09-cv-00803 (E.D. Tex.).
