PTO Reexamination Decision Can Eliminate Cause of Action in Concurrent Litigation
Fresenius USA, Inc. v. Baxter International, Inc.
By Simon Heimowitz – Edited by Jennifer Wong
The Federal Circuit held that a U.S. Patent and Trademark Office reexamination decision, which had invalidated a number of patent claims, had to be given effect in a concurrent infringement suit regarding kidney hemodialysis equipment, effectively leaving Baxter without a cause of action. It vacated and remanded with instructions to dismiss the judgment of the District Court for the Northern District of California against Fresenius.