Re-Exam Nixes Baxter's $23M Patent Win, Fed. Circ. Rules

Law360, New York (July 2, 2013, 3:55 PM EDT) -- A U.S. Patent and Trademark Office re-examination decision that invalidated a Baxter International Inc. dialysis machine patent negates the $23.5 million infringement judgment the company won against Fresenius USA Inc., the Federal Circuit ruled Tuesday.

The appeals court rejected Baxter's argument that the USPTO decision should have no effect because the lower court's ruling was final in 2007. The Federal Circuit said that because it vacated that ruling for reconsideration of some issues, the case was still pending when the USPTO invalidated the patent.

"The intervening...
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