Fresenius USA, Inc. v. Baxter International, Inc., No. 12-1334 (Fed. Cir. July 2, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Appellants Fresenius USA, Inc. and Fresenius Medi- cal Care Holdings, Inc. (collectively, “Fresenius”) brought a declaratory judgm ent action against Baxter Intern a- tional, Inc., and Baxter Healthcare Corporation (colle c- tively, “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 i nfringe- ment. The district court entered judgment against Fres e- nius, finding the specified ’434 claims infringed and not invalid.