Fed. Circ. Won't Review USPTO, Court Split On Validity

Law360, New York (October 26, 2012, 9:29 PM EDT) -- The Federal Circuit on Friday refused to rehear a decision affirming the re-examination rejection of a Baxter International Inc. dialysis machine patent as obvious, even though the court had earlier upheld a district court ruling that the same patent was not invalid.

The rejection of Baxter's bid for an en banc rehearing leaves in place a May ruling that because district courts use different records and burdens of proof from the U.S. Patent and Trademark Office in re-examination, the two proceedings can lead to different results....
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