Legal Opinion

Therasense, Inc. v. Becton, Dickinson and Co.

District Court, N.D. California

Decided June 24, 2008No. C 04-02123 WHA, C 04-03327 WHA, C 04-03732 WHA, C 05-03117 WHAPublishedCited by 10 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

WILLIAM ALSUP, District Judge.

Introduction

After a bench trial, this order constitutes the findings of fact and conclusions of law. Both sides have submitted lengthy proposed findings and conclusions. Rather than address each and every proposal, this order will find its own way through the evidence and arguments. Any proposal that has been expressly agreed to by the opposing side, however, shall be deemed adopted even if not expressly stated herein. That a proposal has not been expressly covered herein does not necessarily mean it was rejected; it only…

2Cases cited23 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. KSR International Co. v. Teleflex Inc.Supreme Court of the United States · 2007
  3. Sri International v. Matsushita Electric Corporation of America and Matsushita Electric Industrial Co., Ltd.Court of Appeals for the Federal Circuit · 1985
  4. Kingsdown Medical Consultants, Ltd. And E.R. Squibb & Sons, Inc. v. Hollister IncorporatedCourt of Appeals for the Federal Circuit · 1988
  5. Stratoflex, Inc. v. Aeroquip CorporationCourt of Appeals for the Federal Circuit · 1983

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3Cited by10 opinions

  1. Therasense, Inc. v. Becton, Dickinson and Co.Court of Appeals for the Federal Circuit · 2011
  2. Therasense, Inc. v. Becton, Dickinson and Co.Court of Appeals for the Federal Circuit · 2010
  3. Therasense, Inc. v. Becton, Dickinson and CompanyCourt of Appeals for the Federal Circuit · 2014
  4. Pfizer Inc. v. Teva Pharmaceuticals USA, Inc.District Court, E.D. Virginia · 2011
  5. Therasense, Inc. v. Becton, Dickinson & Co.District Court, N.D. California · 2012

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