It’s not every day that federal appeals court judges ignore one of their own court’s decisions in favor of a ruling by another federal agency. But that’s what two judges at the U.S. Court of Appeals for the Federal Circuit did in Mayprovoking fury from the panel’s third judge.
The case involved a kidney dialysis patent held by Baxter International. The Federal Circuit had affirmed the patent’s validity before the Patent and Trademark Office ruled the other way. When two Fed Circuit judges supported the PTO’s decision, the third judge, Pauline Newman, had some tough words for her colleagues.
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