By Donald Zuhn --
In April, 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"). According to the Court's original Order, Defendants-Appellees had until 30 days from the date of service of Plaintiffs-Appellees' brief (which was filed with the Court on July 26, 2010) to file their response. On June 1, the Federal Circuit issued an Order granting Defendant-Appellee Bayer Healthcare's motion to extend the deadline for all Defendants-Appellees to file their responsive en banc briefs to October 8, 2010. Pursuant to Rule 29(e) of the Federal Rules of Appellate Procedure, amicus curiae briefs in support of Appellees-Defendants must be filed no later than 7 days after their brief is filed (amicus curiae briefs in support of Plaintiffs-Appellees or in support of neither party were due on August 2, 2010).
Patent Docs thanks Brian Kramer of Morrison & Foerster LLP for informing us of the revised briefing schedule.