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FRESENIUS USA, INC. v. BAXTER INTERN., INC.

Nos. 2012-1334, 2012-1335.

721 F.3d 1330 (2013)

FRESENIUS USA, INC., and Fresenius Medical Care Holdings, Inc., Plaintiffs-Appellants, v. BAXTER INTERNATIONAL, INC., and Baxter Healthcare Corporation, Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

July 2, 2013.

Attorney(s) appearing for the Case

Juanita R. Brooks , Fish & Richardson, P.C., of San Diego, CA, argued for plaintiffs-appellants. With her on the brief was Michael E. Florey , of Minneapolis, MN.

Michael J. Abernathy , K & L Gates, LLP, of Chicago, IL, argued for defendants-cross appellants. With him on the brief were Sanjay K. Murthy and Devon C. Beane ; and David A. Simons , of Boston, MA.

Dissenting opinion filed by Circuit Judge NEWMAN.

DYK, Circuit Judge.

Appellants Fresenius USA, Inc. and Fresenius Medical Care Holdings, Inc. (collectively, "Fresenius") brought a declaratory judgment action against Baxter International, Inc., and Baxter Healthcare Corporation (collectively, "Baxter"), alleging, inter alia, that claims 26-31 of U.S. Patent No. 5,247,434 ("the '434 patent") were invalid and not infringed. Baxter counterclaimed for infringement. The district

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