Plaintiff Baxter International (“Baxter”) sued CareFusion Corporation and Becton, Dickson and Company (“Defendants”) for infringement of three medical infusion pump patents, U.S. Patent Nos. 5,764,034 (the ‘034 Patent), 5,782,805 (the ‘805 Patent), and 6,231,560 (the ‘560 Patent). Baxter moved to strike portions of the Defendants’ invalidity expert, including asserting that the expert impermissibly expanded the scope of the final invalidity contentions.
As explained by the district court, in addition to using the patents for descriptions of physical prior art devices, the expert relied on them as prior art in and of themselves. Baxter contends that this was inappropriate because Defendants’ Final Invalidity Contentions identified the physical devices (the Orion Prototype and Signature Edition II (Model 7200) Pump) as the asserted prior art, not the patents. The district court disagreed finding that after a review of the final invalidity contentions, Baxter was mistaken. The district court concluded that “Defendants disclosed the Eggers, Voss, and Marston Patents as prior art” and the expert was free to rely on them as such. Continue reading