USPTO Re-Exam Considerations After Fresenius V. Baxter

Law360, New York (August 9, 2013, 11:47 AM EDT) -- In some cases, a final decision in re-examination canceling a patent can trump an affirmed jury decision of infringement and validity of the same patent after entry of judgment on the verdict. This was the situation in the Federal Circuit’s recent decision in Fresenius USA Inc. v. Baxter International Inc., No. 2012-1334 (Fed. Cir. July 2, 2013) where, but for a remand on damages and the injunction, Baxter would have had the right to collect on its $25 million judgment for infringement of US 5,247,434 (the...
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