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FISH DEFEND PATENTS FOR MEDICAL COMPANY Fish & Richardson attorneys won a decisive patent defense victory for Fresenius Medical Care, a Massachusetts-based maker of dialysis machines. On Tuesday, an Oakland jury invalidated all four of the patents being asserted by Baxter International against Fresenius. Baxter, based in Deerfield, Ill., was seeking $87 million in damages from Fresenius for patent infringement associated with the “Fresenius 2008K” hemodialysis machine and an injunction barring Fresenius from continuing to sell the unit. Fish & Richardson attorneys Juanita Brooks in San Diego and Thomas Melsheimer in Dallas represented Fresenius. “It was an extremely complicated case involving multiple complaints, cross-complaints and advanced technological issues. The bottom line is, the jury understood that Baxter’s patents should never have been issued and that Baxter was due no compensation,” Brooks said in a statement. After a seven-day trial, the jury deliberated less than one full day and found that all asserted claims were invalid based on obviousness, and several were invalid based on anticipation. The jury also found Baxter had not proven infringement of the two claims where infringement still remained an issue. Brooks and Melsheimer were joined by John Farrell, Michael Florey and Matt Samuel on the litigation team. Baxter, a $9 billion company, was represented by Michael Abernathy of Bell, Boyd & Lloyd in Chicago.

- Xenia Kobylarz

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