Baxter Asks Fed. Circ. To Rethink Nixing $23M Patent Award

Law360, New York (August 2, 2013, 4:05 PM EDT) -- Baxter International Inc. on Thursday asked the full Federal Circuit to review a decision holding that the cancellation of a patent in re-examination can negate an earlier infringement judgment, saying its ruling tossing Baxter's $23.5 million patent win would let accused infringers "game the system."

Baxter filed a petition for en banc review of a Federal Circuit panel's July 2 ruling that because the U.S. Patent and Trademark Office invalidated a Baxter dialysis patent, the company couldn't collect a $23.5 million infringement judgment it had won...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.