A federal judge in Chicago ruled that BD’s PhaSeal system for transporting hazardous drugs between syringes and vials doesn’t infringe two patents belonging to Baxter.
U.S. District Judge Joan Lefkow granted BD summary judgment on two patent claims and resolved all claims in its favor. She denied BD’s motion for summary judgment on willfulness and damages as moot. She also denied Baxter’s motion for partial summary judgment as moot, terminating the case.
Baxter had alleged that the combination of two components of the PhaSeal system — the “protector” and “injector” — form a device that infringes on three of its patents, each entitled “Sliding Reconstitution Device With Seal.”
Lefkow said in the decision that the PhaSeal system doesn’t violate Baxter’s patent rights in the “reconstitution” device for diluting liquid drugs. The judge concluded that the patents weren’t violated because components for the PhaSeal system aren’t purchased in an infringing manner as they can be used for purposes beyond “reconstitution.”
Reuters first reported on the decision yesterday. According to the outlet, the suit dates back to 2017 and BD and its CareFusion subsidiary still face a separate patent case from Baxter regarding the Alaris infusion pump system. Alaris faces its own issues, mostly over recalls, with the most recent setback coming in the form of a shareholder lawsuit against BD over communications of company performance amid the recalls.