Full Fed. Circ. Won't Review Becton's Wins On Drug Dosing IP

Law360 (May 10, 2021, 2:06 PM EDT) -- The full Federal Circuit on Monday denied a petition from Baxter Corp. Englewood for review of a panel decision affirming Patent Trial and Appeal Board rulings that invalidated two of the company's medication dosing patents in challenges brought by Becton Dickinson & Co.

The full court denied the bid for rehearing in a two-page order, thereby rejecting Baxter's argument that the PTAB had violated the Administrative Procedure Act because it impermissibly relied on invalidity arguments that Becton had not made in its inter partes review petitions. The decision further bolsters Becton's effort to beat back a 2017 infringement suit from Baxter...

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