How They Won It: Fish Nixes $23M Baxter Win With Re-Exam

Law360, New York (August 23, 2013, 10:24 PM EDT) -- Fish & Richardson PC attorneys' prudent decision to seek re-examination of a Baxter International Inc. patent asserted against their client Fresenius USA Inc. culminated in the Federal Circuit's wiping out a $23.5 million judgment, a ruling that solidifies the importance of post-grant proceedings in patent litigation.

On July 2, the appeals court ruled that a U.S. Patent and Trademark Office decision invalidating a Baxter patent negates a lower court's earlier infringement judgment against Fresenius because the issue of potential damages was still being litigated.

Baxter claimed...
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