There Was a Simpler Way to Decide Fresenius v. Baxter! (PDF)
We believe that the differences in the burdens of proof applicable in patent infringement actions and in post-issuance actions before the board is the critical factor, and we cannot understand why that difference was not addressed in this case.
Charles L. Gholz is a Partner in Oblon, Spivak, McClelland, Maier & Neustadt, LLP; Alexandria, Virginia. His direct dial telephone number is 703/412-6485, and his email address is firstname.lastname@example.org.
W. Todd Baker is a Partner in Oblon, Spivak, McClelland, Maier & Neustadt, LLP. His direct dial telephone number is 703/412-6383, and his email address is email@example.com.
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