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Baxter Asks High Court to Review Becton’s Appellate Patent Win

Dec. 3, 2021, 8:38 PM

The Federal Circuit regularly exceeds the scope of appellate review of patent office decisions established by Congress, Baxter International Inc. told the U.S. Supreme Court in its bid for review of a decision invalidating its telepharmacy patent.

In May, the U.S. Court of Appeals for the Federal Circuit reversed a Patent Trial and Appeal Board ruling upholding Baxter’s U.S. Patent No. 8,554,579 in a challenge brought by Becton, Dickenson & Co.

The Federal Circuit’s decision ignored the constraints on what evidence can be used to invalidate patents at the board and improperly reached questions the board hadn’t, Baxter told the ...

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