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Federal Circuit Grants En Banc Review in Therasense v. Becton Dickinson

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- On Monday, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warrants en banc consideration. In the Court's per curiam order, it noted that the panel that heard the appeal considered the petition for rehearing submitted by Plaintiffs-Appellants Abbott Diabetes Care, Inc. (formerly Therasense, Inc.) and Abbott Laboratories; requested a response from Defendants-Appellees Becton, Dickinson & Co., Nova Biomedical Corp., and Bayer Healthcare LLC; granted Plaintiffs-Appellants leav to file a reply; and granted the Washington Legal Foundation, Nine Intellectual Property Law Professors, Hon. Bruce A....

Full post as published by Patent Docs on April 30, 2010 (boomark / email).