Cancellation Extinguishes Cause Of Action In Patent Case, Federal Circuit Says

Cancellation Extinguishes Cause Of Action In Patent Case, Federal Circuit Says

WASHINGTON, D.C. - A patent that was declared invalid after re-examination by the U.S. Patent and Trademark Office cannot serve as the basis for a prior infringement judgment and damages award, the Federal Circuit U.S. Court of Appeals ruled July 2 (Fresenius USA Inc. v. Baxter International Inc., No. 12-1334, 1335, Fed. Cir.).

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