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Fresenius United States Patent and Trademark Office

Jones Day

SCOTUS Says “Fresenius/Simmons Preclusion Principle” Stays Alive

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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

Foley & Lardner LLP

Federal Circuit Fractured Over Finality in Fresenius

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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

Akerman LLP

Fresenius v. Baxter: The Importance of Timing in Patent Litigation

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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

McDonnell Boehnen Hulbert & Berghoff LLP

BIO Urges Rehearing En Banc in Fresenius v. Baxter Int'l.

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

Knobbe Martens

Federal Circuit Review - Volume 3 | Issue 8 August 2013

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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

Orrick, Herrington & Sutcliffe LLP

Patent Office Invalidity Ruling Trumps Court’s Validity Finding

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

McDonnell Boehnen Hulbert & Berghoff LLP

Fresenius USA, Inc. v. Baxter International, Inc. (Fed. Cir. 2013)

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

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