The Supreme Court recently denied Chrimar Systems, Inc. (Chrimar)’s petition for certiorari seeking to overturn the Federal Circuit’s “Fresenius/Simmons preclusion principle,” under which Chrimar’s district court victory...more
When the Federal Circuit denied Baxter’s petition for panel rehearing and rehearing en banc in Fresenius USC, Inc. v. Baxter International, Inc., Judge Dyk wrote an opinion concurring in the denial that was joined by Judge...more
The Federal Circuit’s recent decision in Fresenius USA, Inc. v. Baxter Int’l, Inc., illustrates the potential value of challenging a patent's validity through administrative proceedings in the U.S. Patent & Trademark Office...more
In a case that raises important issues of perhaps Constitutional dimensions (at least in Circuit Court Judge Newman's view), the Biotechnology Industry Organization (BIO) urged the Federal Circuit to rehear the panel decision...more
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...more
A recent Federal Circuit ruling will likely increase the chances of obtaining a stay of a patent litigation if there is a concurrent proceeding in the Patent Office. ...more
Just before the July 4th holiday, the Federal Circuit issued its ruling in Fresenius USA, Inc. v. Baxter International, Inc. ("Fresenius II"). The Federal Circuit framed the question at issue as: "Whether under the reexam...more