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

No. 2012-1504.

745 F.3d 513 (2014)

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

United States Court of Appeals, Federal Circuit.

March 12, 2014.

Attorney(s) appearing for the Case

Clara J. Shin , Covington & Burling, LLP, of San Francisco, CA, argued for plaintiffs-appellees. With her on the brief was Philip A. Scarborough.

Bradford J. Badke , Ropes & Gray, LLP, of New York, NY, argued for defendants-appellants Becton, Dickinson and Company, et al. With him on the brief was Sona De.

Opinion for the court filed by Chief Judge RADER. Dissenting-in-part opinion filed by Circuit Judge DYK.

RADER, Chief Judge.

Becton, Dickinson and Company (Becton) and Nova Biomedical Corporation (Nova) appeal the denial of various fees sought based on an eight-year long patent infringement suit in the United States District Court for the Northern District of California involving patents owned by Therasense, Inc. (now known as Abbott Diabetes Care, Inc.) and Abbott Laboratories (collectively, Abbott). Because this court agrees...

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