Fresenius USA, Inc. v. Baxter International, Inc.

Case Number: CLB0229

Date: 09.10.2009

Citation: Nos. 2008-1306, -1331 (Fed. Cir. 2009)

An alleged infringer should present substantial evidence of elements of a claim in the prior art to invalidate the claim as obvious or anticipated. The Federal Circuit is split over the decision to grant a stay pending reexamination in a district court proceeding, especially after a full trial and appeal or in light of the invalidation of similar claims to those at issue in the reexam.

Download PDF Return to Case Law Briefs Main Page