Federal Circuit Review - Volume 3 | Issue 8 August 2013


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...

Please see full Review below for more information.

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Topics:  Agents, Fresenius, Infringement, Notice Requirements, Patents, USPTO

Published In: Civil Procedure Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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