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.
United States Court of Appeals, Federal Circuit.
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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