ARE Patent Law Alert: Federal Circuit Affirms PTO’s Finding of Invalidity After Previously Finding Same Patent Not Invalid

(May 21, 2012) On May 17, 2012, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the different burdens of proof employed against a patent challenger in litigation in a Federal District Court and at the U.S. Patent and Trademark Office (“PTO”) in a reexamination proceeding. In re Baxter Int’l, No. 2011-1073, […]