Baxter loses bid for appeal in patent war with Fresenius
A federal appeals court declines to revisit its decision in a patent infringement war between dialysis giants Baxter and Fresenius.
Baxter (NYSE:BAX) lost its bid for another hearing of its long-running hemodialysis patent war with Fresenius (NYSE:FMS), leaving in place the precedent that the U.S. Patent & Trademark Office can over-rule the judicial system.
The U.S. Court of Appeals for the Federal Circuit denied Baxter's petition for a rehearing and for en banc review, voting 10-1 against. The lone holdout, Judge Barbara Newman, does not believe that the USPTO has the authority to over-ride the courts.
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. The Oct. 26 ruling by the Federal Circuit court means that the panel bureau's decision stands pending any further appeals.