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...

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