September 10, 2009 - The Federal Court of Appeals released its decision today in the Baxter vs. Fresenius dialysis machine patent case. It is a complex ruling on the jury's previous decision, stating it "Affirmed-in-Part, Reversed-in-Part, Vacated-in-Part, and Remanded Costs." See the 33-page (pdf) ruling here.
The decision is summarized in this article from Patently-O. There are dozens of comments on the article.
May 1, 2008 - Baxter International has filed a new lawsuit against Fresenius Medical Care for violating Baxter additional patents in its design of the 2008K hemodialysis machine. Article from Chicago Daily Herald.
210-page pdf file of suit filed April 28, 2008 in U.S. District Court for the Northern District of Illinois, Eastern Division.
April 8, 2008 - The stock market paid little attention to the patent lawsuit news. At the closing of the NYSE on Monday, April 7th, the FMC stock was down 12 cents at $51.64 on light volume. Baxter stock was up 55 cents to $60.44 on average volume.
April 7, 2008 - Fresenius Medical Care will appeal against a U.S. court ruling that banned the German company from making, using or selling a key dialysis machine in the United States, FMC said on Monday. Article from Reuters.
Statement from Fresenius Medical Care.
April 4, 2008 - Fresenius Medical Care has been banned from making, using or selling the 2008K hemodialysis machine in the United States after losing a patent case to Baxter International. Press release from Baxter's law firm Bell, Boyd & Lloyd. Article from Reuters.
The Order from the U.S. District Court for the Northern District of California requires that Fresenius stop making, using or selling the 2008K hemodialysis machine effective January 1, 2009. Judge Saundra B. Armstrong also imposed a 10% royalty on the sales price of each infringing machines sold from now until January 1, 2009 and further imposed a 7% royalty on all disposable products used with the infringing 2008K hemodialysis machines. The 2008K is, according to Fresenius, its "cornerstone product" and is the best selling hemodialysis machine in the marketplace, with over 90 percent market share.
On April 4, 2003, FMCH filed a suit in the U.S. District Court for the Northern District of California, Fresenius USA, Inc., et al., v. Baxter International Inc., et al., Case No. C03-1431, seeking a declaratory judgment that FMCH does not infringe on patents held by Baxter International Inc. and its subsidiaries and affiliates ("Baxter"), that the patents are invalid, and that Baxter is without right or authority to threaten or maintain suit against FMCH for alleged infringement of Baxter's patents. In general, the alleged patents concern touch screens, conductivity alarms, power failure data storage, and balance chambers for hemodialysis machines. Baxter has filed counterclaims against FMCH seeking monetary damages and injuctive relief, and alleging that FMCH willfully infringed on Baxter's patents. (Taken from SEC Form 6-K report by FMC, May 2005).This message has been edited. Last edited by: Gary Peterson,
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