SACRAMENTO — The U.S. Court of Appeals for the Federal Circuit declined Tuesday to rehear en banc a case involving conflicting findings by the U.S. Patent and Trademark Office and a district court.
The decision lets stand a July panel ruling, which undid a $23 million award and royalty finding against dialysis supply manufacturer Fresenius USA Inc. after the PTO subsequently invalidated the patent at issue. The ruling drew strong criticism from four dissenters, including Circuit Judge Kathleen O’Malley.
