En Banc Therasense Briefing Begins; Parties Grapple With Inequitable Conduct Defense

The patent owner and several amici filed briefs through July 30 in an en banc appeal that should resolve inconsistent decisions by the U.S. Court of Appeals for the Federal Circuit on the inequitable conduct defense (Therasense Inc. v. Beckton, Dickinson & Co.).

The en banc court will hear oral arguments Nov. 9. The case returns to the court as the issue of inequitable conduct continues to test judges at the trial and appellate level.

Inequitable Conduct Issues in Therasense.

Abbott Diabetes Care Inc., the successor to Therasense Inc. and a subsidiary of Abbott Laboratories, owns patents ...