By Donald Zuhn --
Last month, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warranted en banc consideration, and asked the parties to brief ten questions concerning the issue of inequitable conduct (see "Federal Circuit Grants En Banc Review in Therasense v. Becton Dickinson"). The Court originally gave Plaintiffs-Appellants Abbott Diabetes Care, Inc. (formerly Therasense, Inc.) and Abbott Laboratories until June 10 to file their brief. Counsel for Plaintiffs-Appellants has informed Patent Docs that this deadline has now been extended to July 26. According to the Court's original order, Defendants-Appellees must file their response 30 days from the date of service of Plaintiffs-Appellees' brief. Pursuant to Rule 29(e) of the Federal Rules of Appellate Procedure, amicus curiae briefs must be filed no later than 7 days after the principal brief of the party being supported is filed, or no later than 7 days after the Plaintiffs-Appellants' principal brief is filed when an amicus curiae does not support either party.
For additional information regarding this topic, please see:
• "Therasense, Inc. v. Becton, Dickinson & Co. Briefing," May 13, 2010