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

Nos. C 04-02123 WHA, C 04-03327 WHA, C 04-03732 WHA, C 05-03117 WHA.

864 F.Supp.2d 856 (2012)

THERASENSE, INC., Plaintiff, v. BECTON, DICKINSON AND COMPANY, Defendant. and Consolidated Cases.

United States District Court, N.D. California.

March 27, 2012.


Attorney(s) appearing for the Case

Clara J. Shin , Covington & Burling LLP, San Francisco, CA, Martin R. Glick , Gilbert Ross Serota , Douglas Andrew Winthrop , Shaudy Danaye-Elmi , Jasmine K. Singh , Arnold & Porter LLC, San Franciso, CA, for Plaintiff.

Bradford J. Badke , Brian Paul Biddinger , Brandon H. Stroy , Brien P. Santarlas , Neal K. Dahiya , Sanjeev Mehta , Ropes and Gray LLP, New York, NY, Mark D. Rowland , Ropes & Gray LLP, Palo Alto, CA, Mark Daniel Rowland , Gabrielle Elizabeth Higgins, Ropes & Gray LLP, East Palo Alto, CA, for Defendant.


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...

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