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THERASENSE, INC. v. BECTON, DICKINSON AND CO.

Nos. 2009-1008, 2009-1009, 2009-1010, 2009-1034, 2009-1035, 2009-1036, 2009-1037.

593 F.3d 1325 (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-Cross Appellants.

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, New York, argued for defendants-cross appellants. With him on the brief were Sona De and Gabrielle M. Ciuffreda.

Before LINN, FRIEDMAN, and DYK, Circuit Judges.

LINN, Circuit Judge.

Abbott Diabetes Care, Inc. and Abbott Laboratories (collectively "Abbott") appeal the final decision of the U.S. District Court for the Northern District of California, which entered judgment in accordance with a jury verdict that claims 11 and 12 of Abbott's U.S. Patent No. 5,628,890 ("the '890 patent") are infringed by Becton, Dickinson & Co. and Nova Biomedical Corp. (collectively "BD/Nova") but are invalid under 35 U.S.C. §§...

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