USPTO's Power To Nix Verdicts Ripe For Supreme Court

Law360, New York (November 6, 2013, 8:53 PM EST) -- A Federal Circuit decision that the cancellation of a patent on re-examination can wipe out an infringement judgment gives defendants such a potent way to escape liability that the U.S. Supreme Court may have to weigh in on the issue, attorneys say.

The July ruling, which the Federal Circuit voted 6-4 on Tuesday not to review en banc, held that Baxter International Inc. couldn't collect a $23.5 million infringement judgment against Fresenius USA Inc. because the U.S. Patent and Trademark Office invalidated the patent while some...
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