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