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Therasense on track for Supreme Court

Eileen McDermott, New York

Reacting to the Federal Circuit defeat, Becton Dickinson’s counsel reemphasised the company’s concern with seeing the proper inequitable conduct standard in place and did not rule out an appeal to the Supreme Court

Although the medical technology company’s attorney, Jim Badke of Ropes & Gray, is confident their claims would prevail on remand to the district court under the heightened inequitable conduct standard, he said his clients have always looked at the bigger...

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