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
