Nos. 2008-1511, 2008-1512, 2008-1513, 2008-1514, 2008-1595.

593 F.3d 1289 (2010)

THERASENSE, INC. (now known as Abbott Diabetes Care, Inc.) and Abbott Laboratories, Plaintiffs-Appellants, v. BECTON, DICKINSON AND COMPANY, and Nova Biomedical Corporation, Defendants-Appellees, and Bayer HealthCare LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 25, 2010.

Attorney(s) appearing for the Case

Rohit K. Singla, Munger, Tolles & Olson LLP, of San Francisco, CA, argued for plaintiffs-appellants. With him on the brief were Jason A. Rantanen; and Donald W. Ward, of Los Angeles, CA.

Bradford J. Badke, Ropes & Gray LLP, of New York, NY, argued for defendants-appellees Becton, Dickinson and Company, et al. Of counsel were Gabrielle M. Ciuffreda and Sona De.

Rachel Krevans, Morrison & Foerster LLP, of San Francisco, CA, argued for defendant-appellee Bayer HealthCare LLC. With her on the brief were Jason R. Bartlett and Parisa Jorjani; and Kenneth P. George and Joseph M. Casino, Amster Rothstein & Ebenstein LLP, of New York, NY. Of counsel was Wesley E. Overson, Morrison & Foerster LLP, of San Francisco, CA.

Opinion for the court filed by Circuit Judge DYK. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge LINN.

DYK, Circuit Judge.

Therasense, Inc. (now Abbott Diabetes Care, Inc.) and Abbott Laboratories appeal from a final judgment of the United States District Court for the Northern District of California. Following a bench trial, the district court determined that claims 1-4 of U.S. Patent No. 5,820,551 ("the '551 patent") were invalid due to obviousness and that the entire '551 patent was unenforceable due to inequitable conduct. See Therasense, Inc. v. Becton, Dickinson...

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