Baxter Healthcare Wins Patent Infringement Suit.Federal Court in California Orders Competitor Fresenius to Stop Selling its Infringing Hemodialysis Machine CHICAGO -- Baxter International, Inc. has won a long-running battle in a patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. suit (Fresenius USA, Inc. et al v. Baxter International Inc. et al.) against Fresenius Medical Care Fresenius Medical Care is a German company specializing in the production of medical supplies, primarily to facilitate or aid renal dialysis. It is 37%-owned by the health care company Fresenius SE. involving Fresenius' Number One - selling hemodialysis machine in the United States. The U.S. District Court for the Northern District of California today issued opinions permanently enjoining en·join tr.v. en·joined, en·join·ing, en·joins 1. To direct or impose with authority and emphasis. 2. To prohibit or forbid. See Synonyms at forbid. Fresenius from manufacturing its flagship product affirming it infringes on Baxter's technology and awarding damages to Baxter. Bell, Boyd & Lloyd LLP LLP - Lower Layer Protocol represented Baxter in the case. The Order, written by Judge Saundra B. Armstrong, requires that Fresenius stop making, using or selling the 2008K hemodialysis machine effective January 1, 2009. Judge 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. In granting the injunction, Judge Armstrong noted that much of the hardship that Fresenius will face from the injunction is its own doing because it did not take any steps to design around the patents-in-suit: "[i]t is Fresenius's burden, and not Baxter's, to taste the bitter fruit of its own inaction." In a February 2007 ruling, Judge Armstrong upheld the validity of Baxter's patents that had been challenged by Fresenius in a 2003 law suit, ruling that Fresenius failed to introduce substantial evidence of invalidity. Baxter is represented by Bell, Boyd & Lloyd LLP. The trial team included Michael J. Abernathy, Alan Barry, Kara Kara (kär`ə), river, c.140 mi (230 km) long, NE European and NW Siberian Russia. It flows N from the N Urals into the Kara Sea, forming part of the traditional border between European and Asian Russia. It is navigable in its lower course. E.F. Cenar, Sanjay K. Murthy, Adam L. Marchuk, Brian J. Arnold and Marron mar·ron n. See Spanish chestnut. [French; see maroon2.] Mahoney. Baxter International is based in Illinois and, through its subsidiaries, assists healthcare professionals and their patients with the treatment of complex medical conditions, including hemophilia, immune disorders, cancer, infectious diseases, kidney disease Kidney Disease Definition Kidney disease is a general term for any damage that reduces the functioning of the kidney. Kidney disease is also called renal disease. , trauma and other conditions. |
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