On May 17, the Federal Circuit held in In re Baxter Int’l Inc. that patentability can be defeated in an Inter Partes reexamination despite the same patent being held valid by a court.
Fresenius USA Inc. challenged U.S. Patent Number 5,247,434 (the ‘434 patent) in the U.S. District Court for the Northern District of California seeking a declaratory judgment of invalidity for obviousness. The district court held the patent valid in favor of the patent owner, Baxter International Inc., with the validity being affirmed by a Federal Circuit panel in 2009.
During the litigation, Fresenius also filed an Inter Partes reexamination. The reexamination resulted in rejection of the claims based in-part on different art. The rejection was upheld by the Board of Patent Appeals and Interferences (BPAI), and that decision was also affirmed by the Federal Circuit.
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