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Becton Dickinson succeeds under heightened inequitable conduct standard

Karen Bolipata, New York

Becton Dickinson has prevailed against Therasense under the heightened inequitable conduct standard – defying the notion that the doctrine had been rendered obsolete by the Federal Circuit

In a ruling issued yesterday by the Northern District of California, Judge William Alsup found patent 5,820,551 owned by the medical device company Abbott Diabetes Care (formerly Therasense) invalid due to inequitable conduct.

The finding is especially harsh,...

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