By
Donald Zuhn --
Last
week, the Court of Appeals for the Federal Circuit issued an order
setting a date for oral argument en banc
in Therasense, Inc. v. Becton, Dickinson & Co. The order indicates that oral argument will take place on
November 9, 2010 at 10:00 am in courtroom 201.
In
April, the Federal Circuit granted a petition for rehearing en banc submitted by
Plaintiffs-Appellants Abbott Diabetes Care, Inc. (formerly Therasense, Inc.)
and Abbott Laboratories (see "Federal
Circuit Grants En Banc Review in Therasense v. Becton Dickinson"). Last month, the Court extended the
deadline by which Plaintiffs-Appellants need to file their brief to July 26 (see "Therasense, Inc. v. Becton,
Dickinson & Co. -- Briefing Schedule Update"). 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 Schedule Update," May 16, 2010
•
"Therasense,
Inc. v. Becton, Dickinson & Co. Briefing," May 13,
2010
• "Federal
Circuit
Grants En Banc Review in Therasense v. Becton Dickinson," April 28, 2010
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