Therasense, Inc. v. Becton, Dickinson & Co.

 
APPEAL NO.
08-1511, 08-1512, 08-1513, 08-1514, 08-1595
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Rader

Question(s) Presented

“Recognizing the problems created by the expansion and overuse of the inequitable conduct doctrine, this court granted Abbott’s petition for rehearing en banc and vacated the judgment of the panel.”

Holding

“This court now tightens the standards for finding both intent and materiality in order to redirect a doctrine that has been overused to the detriment of the public.”

Posts About this Case

Date
Selected Proceedings and Orders
September 10, 2009
November 9, 2010
May 25, 2011