Fed. Circ. Puts Patent Re-Exams At Front Of Attys' Playbooks

Law360, New York (July 8, 2013, 8:55 PM EDT) -- The Federal Circuit's recent ruling that the results of a patent re-examination can wipe out infringement judgments that are on appeal will make re-exams even more attractive for defendants and could lead judges to stay more cases to avoid making rulings that are later negated, attorneys say.

On July 2, the Federal Circuit ruled that because the U.S. Patent and Trademark Office had invalidated a Baxter International Inc. dialysis machine patent after re-examination, the company could not collect a $23.5 million infringement judgment it had won against Fresenius USA Inc. 

The Federal Circuit had ruled in Baxter's favor on infringement and...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!