Legal Opinion
Therasense, Inc. v. Becton, Dickinson & Co.
District Court, N.D. California
Decided March 27, 2012No. Nos. C 04-02123 WHA, C 04-03327 WHA, C 04-03732 WHA, C 05-03117 WHAPublishedCited by 3 opinions
1Opinion of the Court
ORDER ON REMAND REGARDING INEQUITABLE CONDUCT
WILLIAM ALSUP, District Judge.
INTRODUCTION
The court of appeals, sitting en banc, vacated a finding herein of inequitable conduct and remanded with instructions to redetermine specified questions under a new standard. Using the new standard, this order again comes to the same conclusion that the patent in suit was procured through inequitable conduct.
STATEMENT
Plaintiff Abbott Laboratories commenced patent infringement actions against various defendants. All were subsequently consolidated and a trial date was set for May 2008. In a trial on Abbott’s…
2Cases cited8 opinions
- Therasense, Inc. v. Becton, Dickinson and Co.Court of Appeals for the Federal Circuit · 2011
- Cargill, Inc. v. Canbra Foods, Ltd.Court of Appeals for the Federal Circuit · 2007
- Bruno Independent Living Aids, Inc. v. Acorn Mobility Services, Ltd., and Acorn Stairlifts, Inc., Defendants-CrossCourt of Appeals for the Federal Circuit · 2005
- Scanner Technologies Corp. v. Icos Vision Systems Corporation N.V.Court of Appeals for the Federal Circuit · 2008
- American Calcar, Inc. v. American Honda Motor Co., Inc.Court of Appeals for the Federal Circuit · 2011
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3Cited by3 opinions
- Therasense, Inc. v. Becton, Dickinson and CompanyCourt of Appeals for the Federal Circuit · 2014
- Astellas Pharma Inc. v. Ascent Pharmaceuticals, Inc.District Court, D. Delaware · 2025
- Therasense, Inc. v. Becton, Dickinson and CompanyCourt of Appeals for the Federal Circuit · 2014