Fresenius USA v. Baxter Int'l

In Fresenius USA, Inc. v. Baxter Int'l, Inc., 721 F.3d 1330 (Fed. Cir. 2013), the U.S. Court of Appeals for the Federal Circuit held that a cancellation of claims by the U.S. Patent and Trademark Office is binding on federal courts when there is pending infringement litigation, even if a judgment has been entered, as long as appellate remedies have not been completely exhausted.

"[U]under 'well-established principles of res judicata,' see In re Baxter, 698 F.3d at 1350-51 (Fed. Cir. 2012) (O'Malley, J., concurring in denial of rehearing en banc), the cancellation of a patent's claims cannot be used to reopen a final damages judgment ending a suit based on those claims." Id. at 1340.

Four judges voted for rehearing en banc in Fresenius USA, Inc. v. Baxter Int'l, Inc., 733 F.3d 1369 (Fed. Cir. 2013), which was not enough to grant rehearing.