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Citation: 2009 U.S. App. LEXIS 20155

1. Fresenius USA, Inc. v. Baxter Int'l, Inc., 2008-1306, 2008-1331, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, September 10, 2009, Decided

OVERVIEW: Because plaintiffs, in action pertaining to hemodialysis machines, did not demonstrate that structures corresponding to certain means-plus-function claim limitations were present in prior art, the court affirmed judgment that plaintiffs failed to prove claims 26-31 of '434 patent were invalid. It reversed grant of JMOL as to other asserted claims.


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