Fed. Circ. Won't Review Disposal Of Baxter's $23.5M IP Award

Law360, New York (November 5, 2013, 10:16 PM EST) -- The Federal Circuit on Tuesday rejected Baxter International Inc.’s request for an en banc rehearing of a decision voiding its $23.5 million patent infringement award against Fresenius USA Inc., saying Baxter’s court victory was not final when the U.S. Patent and Trademark Office invalidated its patent.

Baxter had asked the court to reconsider a panel's July 2 ruling that the USPTO's decision negated the pending infringement judgment against Fresenius. But the majority issued a split, precedential opinion turning down the request, saying patent owners should not...
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