Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Therasense, Inc. v. Becton-Dickinson, Inc.

United States Court of Appeals for the Federal Circuit
649 F.3d 1276 (2011) (en banc)



Abbott Laboratories (Abbott), the successor to Therasense, Inc. (defendant), obtained patents for disposable glucose test strips for diabetes. Becton-Dickinson, Inc. brought suit, seeking a declaratory judgment that Abbott’s patents were invalid. In its patent application, Abbott had stated that its invention required a protective membrane, and that such a membrane was not merely optional or preferred. Unbeknownst to the U.S. Patent and Trademark Office (PTO), this position was in contrast to a previous assertion by Abbott’s European patent counsel to the European Patent Office (EPO). The patent counsel had stated that the invention was optional, but preferable. Abbott did not tell the PTO about the statement before the EPO. As a result, the United States District Court for the Northern District of California (District Court) held the glucose test strip patents unenforceable due to inequitable conduct on the part of Abbott. A panel of the United States Court of Appeals for the Federal Circuit affirmed, but then granted rehearing en banc.

Rule of Law


Holding and Reasoning (Rader, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 497,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial