Baxter dialysis IP battle headed for the Supreme Court? | Legal News


 Baxter hemodialysis intellectual property spat may head to the Supreme Court

A years-long intellectual property lawsuit between Baxter (NYSE:BAX) and Fresenius (NYSE:FMS) may be headed to the Supreme Court over questions about the U.S. Patent & Trademark Office’s authority to declare a patent invalid against the ruling of a Federal Circuit judge.

The patent spat has volleyed in each party’s favor, but now hinges on a decision reached by the USPTO in Fresenius’ favor, which reversed a Federal Circuit ruling in Baxter’s favor.  

Fresenius in 2007 filed a lawsuit alleging that some of Baxter’s patent claims for dialysis machines and their user interfaces were "obvious" at the time of construction.

A jury ruled in Fresenius’ favor that the Baxter’s claims were obvious and thus invalid, but a District Court judge overruled, finding that Fresenius hadn’t presented enough evidence. A Federal Circuit court later reaffirmed the decision in Baxter’s favor after Fresenius repealed the lower court’s decision.

In conjunction with the patent lawsuit, however, Fresenius had filed a challenge with the USPTO against the same claims and patent art used in the courts. An initial examination by the USPTO deemed Baxter’s patents obvious prior to the Federal Court’s decision.

A USPTO director ordered the agency’s ruling board to take into consideration the Baxter’s court win when making the final decision on the obviousness of the claims, and the board ruled against Baxter. The board wrote that the court’s decision did not deem Baxter’s patent claims valid, but had merely demonstrated that they had not been found invalid.

The federal court later agreed to uphold the USPTO’s decision to strike down certain of Baxter’s patents, despite having found in their favor originally, on the grounds that the USPTO has a different standard of evidence than does the court.

The case is likely to make it’s way to the Supreme Court through continued appeals, according to
Read more

Read more medical device legal news from

 Spinal Kinetics touts an artificial spinal disc patent win against Synthes
Sunnyvale, Calif.-based artificial spinal disc maker Spinal Kinetics announced a patent litigation win in a suit brought by Synthes Inc. over claims involving discs designed to provide an alternative to spinal fusion surgery while preventing degeneration in adjacent discs.

A German District Court this week dismissed Synthes claims of patent infringement on one of Spinal Kinetics’ disc models, reiterating a similar decision made in a U.S. Federal District Court in December.

In the December trial, a jury found that Spinal Kinetics did not infringe on Synthes’ patent, which the jury deemed invalid.
Read more

 Cook and Endologix set a date in ongoing patent row
A patent lawsuit nearly 3 years in the making between Endologix (NSDQ:ELGX) and Cook Medical is set to go to trial in October, according to regulatory filings.

Cook filed the original lawsuit in October 2009 over alleged infringement of its abdominal aortic stent technology. Both companies called an early victory last August in a pre-trial round of arguments.
Read more

RSS From Medical Design & Outsourcing

  • Athermal laser machining cuts bioabsorbable polymers and more
    A the recent MD&M East trade show in New York, Norman Noble, discussed the capability of athermal laser manufacturer. The company has developed the Noble S.T.E.A.L.T.H. (System To Enable Ablation Laser Technology Haz-free). The athermal laser machining process was developed to create precise features in any material, including bioabsorbable polymers, shape memory metals and other […]
  • Exciting possibilities for metallic glass in the medical device world
    Researchers are exploring the potential of metallic glass as a versatile, pliable material that is stronger than steel, with a bevy of possible medical device applications. Yale University engineers have discovered a unique method for designing metallic glass nanostructures across a wide range of chemicals, a technique that could have applications for everything from watch […]
  • Strong Precision Technologies’ medical divisions to unify under MedTorque brand
    Strong Precision Technologies announced on July 2, 2015, that its two medical divisions will now go to market under a single brand, MedTorque. The move reflects the increasing integration of the division formerly known as Inland Midwest with MedTorque, its sister division in Kenosha, WI. “We will continue providing our customers with the personalized level of service […]
  • Olympus offers next-day product replacement guarantee for medical devices
    Olympus, a medical and surgical procedures solutions company, announced that it is guaranteeing next-day replacements for surgical equipment at no additional charge. Olympus is the first surgical product manufacturer to offer this type of guarantee. The service became available to customers with an Olympus Full Service Agreement earlier this year. “Canceled procedures can be costly for healthcare facilities […]
  • More accurate prediction on prognosis in multiple myeloma from SkylineDx
    SkylineDx, a biotechnology company specializing in the development and commercialization of genetic tests, is launching its MMprofiler assay. This test enables clinicians to more accurately predict the prognosis of patients with multiple myeloma (bone marrow cancer) than traditional methods. The MMprofiler measures the activity of 92 genes which are directly or indirectly related to the […]
  • Flint Mobile swaps card reader for camera, accept mobile payments anywhere
    Flint Mobile, the swipe-free mobile payments app, has significantly expanded its payment management and loyalty capabilities for small, service-centric businesses, like the ones run by on-the-go medical equipment professionals. The toggle-free mobile technology makes the process quite simple for both parties, as all transactions are conducted through the mobile device’s camera without the need of any external […]
  • Should scientists be allowed to genetically alter human embryos?
    Scientists have at their disposal, a way to explore the possible prevention of genetic diseases before birth. But should they? Currently, the most promising path forward involves editing the genes of human embryos, a procedure threaded with controversy. An article in “Chemical & Engineering News” (C&EN), the weekly newsmagazine of the American Chemical Society (ACS), parses […]
  • Tackling chronic sinusitis by addressing underlying factors
    The stuffy noses and sinus pressure of head colds are uncomfortable, but for most people, they go away within days. For those with chronic sinusitis, however, those symptoms and others drag on for weeks. Now scientists are onto a potential new therapy that could address one of the underlying factors associated with the condition. They […]
  • Implantable “artificial pancreas” could help diabetes patients control their blood sugar
    Living with Type 1 diabetes requires constant monitoring of blood sugar levels and injecting insulin daily. Now scientists are reporting in the American Chemical Society (ACS) journal, “Industrial & Engineering Chemistry Research,” the development of an implantable “artificial pancreas” that continuously measures a person’s blood sugar or glucose level and can automatically release insulin as […]
  • Drug Deactivation program roll out to all facilities for safe disposal of unused prescription medications
    Verde Technologies announced that New Brighton-based Meridian Behavioral Health, the largest for-profit substance abuse and addiction treatment group in Minnesota, has become its most recent partner in the deactivation and safe disposal of prescription medications including methadone. Meridian is the first behavioral health group to roll out the Deterra Drug Deactivation System to all 17 […]
  • Lophius Biosciences introduces T-activated ImmunoScan Cocktail
    Lophius Biosciences announced the commercial launch of T-Track ImmunoScan and T-activated ImmunoScan Cocktail. Based on a proprietary and very specific cocktail of stimulants in combination with the Company’s T-activation technology, T-Track ImmunoScan and T-activated ImmunoScan Cocktail specifically target different cell types involved in both the adaptive and innate immune system. T-Track ImmunoScan and the T-activated […]

Leave a Reply