Results for reexamination

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

Case Number: CLB0229

Date: 09.10.2009

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.

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In re Swanson

Case Number: CLB0206

Date: 09.04.2008

For purposes of reexamination, a reference may raise a substantial new question of patentability even after the reference has been considered by a court in determining validity and by the PTO as a secondary reference in a prior examination.

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