The company filed its complaint in the U.S. District Court for the District of Delaware on May 12, 2025.
BD’s complaint singles out six specific patents: the “180,” “058,” “880,” “868,” “414,” and “703” patents. It alleges the “infringing manufacture, use, importation, offer for sale, and/or sale” of the Novum IQ infusion system by Baxter. BD and its CareFusion subsidiary provide the Alaris infusion platform. They seek to remedy the alleged infringement through Baxter’s activities relating to Novum IQ.
The patents relate to infusion pump technologies that aim to enhance interoperability, enable integration with electronic medical records systems, simplify workflows, decrease programming steps, reduce errors and ensure accurate therapeutic delivery.
BD alleges that Baxter’s marketing materials for Novum IQ outline features like an on-screen barcode, backlit keypad, ambient light sensor, over-the-air updates and certain user interfaces.
The company states that Baxter did not invent those core features, but rather it invented and/or patented them before Baxter launched Novum IQ. BD’s complaint claims the alleged infringement “is willful, and if allowed to continue will stifle innovation within the medical technology industry.” It believes the alleged infringement entitles it to damages and injunctive relief.
In its complaint, BD demanded a trial by jury on all issues so triable. It also seeks a judgment awarding relief, including a judgment that Baxter directly or indirectly infringes at least one claim of each of the asserted patents. The company seeks damages to compensate it for the alleged infringement, including enhanced damages up to three times the amount of compensatory damages found.
Statement on the lawsuit from BD
A statement from Troy Kirkpatrick, BD spokesperson, was shared with Drug Delivery Business News via email:
“We won’t comment on this specific case, because it is a pending legal matter. Generally speaking, BD takes the protection of our intellectual property very seriously, which is essential to our continued ability to serve health care providers and patients. As a pioneer of smart infusion systems and their interoperability with electronic health records, BD pursues appropriate avenues for enforcing our company’s intellectual property rights and business interests.”
Baxter issued the following statement with Drug Delivery Business News via email:
“Baxter is proud of its ongoing commitment to customer-inspired innovation. While we don’t comment on specifics of litigation as a matter of course, Baxter will vigorously defend our products.”
This story was updated with a statement from Baxter.
