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ROCHE DIAGNOSTICS OPERATIONS, INC. v. ABBOTT DIABETES CARE, INC.

Civil Action No. 07-753-RGA.

Roche Diagnostics Operations, Inc., and Corange International Ltd., Plaintiffs, v. Abbott Diabetes Care, Inc., Abbott Diabetes Care Sales Corp., Bayer Healthcare, LLC, Diagnostic Devices, Inc., Lifescan, Inc., and Nova Biomedical Corp., Defendants.

United States District Court, D. Delaware.

December 5, 2014.

Attorney(s) appearing for the Case

Philip A. Rovner, Esq. , Potter Anderson & Corroon LLP, Wilmington, DE; Grantland G. Drutchas, Esq. (argued); attorneys for Plaintiffs Roche Diagnostics Operations, Inc. and Corange International, Ltd.

Mary W. Bourke, Esq. , Womble Carlyle Sandridge & Rice, LLP, Wilmington, DE; William C. Rooklidge, Esq. , (argued); Jones Day, Irvine, CA, attorneys for Defendant LifeScan, Inc.

Rodger D. Smith, II, Esq. , Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Bradford J. Badke, Esq. (argued), Ropes & Gray, LLP, New York, NY, attorneys for Defendant Nova Biomedical Corp.

MEMORANDUM OPINION

RICHARD G. ANDREWS, District Judge.

Pending before the Court, on remand from the United States Court of Appeals for the Federal Circuit, is consideration of the construction of the term "electrode."

On September 15, 2009, the Court construed the claimed "electrode" as "microelectrode having a width of 15 µm up to approximately 100 µm." Roche Diagnostics Operations, Inc. v. Abbott Diabetes Care, 

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