Legal Opinion

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

Court of Appeals for the Federal Circuit

Decided July 2, 2013No. 2012-1334, 2012-1335PublishedCited by 123 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge DYK.

Dissenting opinion filed by Circuit Judge NEWMAN.

DYK, Circuit Judge.

Appellants Fresenius USA, Inc. and Fresenius Medical Care Holdings, Inc. (collectively, “Fresenius”) brought a declaratory judgment action against Baxter International, Inc., and Baxter Healthcare Corporation (collectively, “Baxter”), alleging, inter alia, that claims 26-31 of U.S. Patent No. 5,247,434 (“the '434 patent”) were invalid and not infringed. Baxter counterclaimed for infringement. The dis*1332trict court entered judgment against Fre-senius, finding the specified '434…

2Cases cited42 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  3. Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
  4. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  5. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995

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3Cited by123 opinions

  1. Thryv, Inc. v. Click-To-Call Technologies, LPSupreme Court of the United States · 2020
  2. PersonalWeb Technologies, LLC v. Apple Inc.District Court, N.D. California · 2014
  3. Celgene Corporation v. PeterCourt of Appeals for the Federal Circuit · 2019
  4. Regents of the Univ. of Minn. v. Lsi CorporationCourt of Appeals for the Federal Circuit · 2019
  5. Canvs Corporation v. United StatesUnited States Court of Federal Claims · 2014

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