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

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Before LINN, FRIEDMAN, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge LINN.

Therasense, Inc. (now Abbott Diabetes Care, Inc.) and Abbott Laboratories appeal from a final judgment of the United States District Court for the Northern District of California. Following a bench trial, the district court determined that claims 1–4 of U.S. Patent No. 5,820,551 (“the ’551 patent”) were invalid due to obviousness and that the entire ’551 patent was unenforceable due to inequitable conduct. See Therasense, Inc. v. Becton, Dickinson & Co., 565 F. Supp. 2d 1088 (N.D. Cal. 2008) (“Trial Opinion”). The district court also granted summary judgment of noninfringement of all asserted claims in U.S. Patent Nos. 6,143,164 (“the ’164 patent”) and 6,592,745 (“the ’745 patent”). See Therasense, Inc. v. Becton, Dickinson & Co., 560 F. Supp. 2d 835 (N.D. Cal. 2008) (“Summary Judgment Order”). Finally, it found nearly all of the asserted claims of the ’745 patent invalid due to anticipation. Id. We affirm.

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