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...
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