In This Issue:

• Cancellation of Claims by PTO Binding on District Court

• Claims Reciting Method Free of an Agent is Invalid Where Patent Does Not Mention Agent

• Defendant Did Not Have Proper Notice of Products Accused of Infringement

- Excerpt from Cancellation of Claims by PTO Binding on District Court:

In Fresenius USA, Inc. v. Baxter International, Inc., Appeal No. 12-1334, the Federal Circuit vacated and remanded the district court’s judgment holding Fresenius liable for infringement.

The issues addressed in this case are: 1) when cancellation of claims by the PTO is binding in a district court case, and 2) what constitutes final judgment under res judicata...