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THERASENSE, INC. v. BECTON, DICKINSON AND CO.

Nos. C 04-02123 WHA, C 04-03327 WHA, C 04-03732 WHA, C 05-03117 WHA.

565 F.Supp.2d 1088 (2008)

THERASENSE, INC., Plaintiff, v. BECTON, DICKINSON AND COMPANY, Defendant. and Consolidated Cases.

United States District Court, N.D. California.

June 24, 2008.

Attorney(s) appearing for the Case

Jason Rantanen, Jeffrey I. Weinberger, John Walter Peck, Ted G. Dane, Esq., Munger, Tolles & Olson LLP, Los Angeles, CA, Rohit K. Singla, Munger Tolles & Olson, San Francisco, CA, David Wille, Matthew A. Hayenga, Baker Botts LLP, Dallas, TX, James W. Cannon, Jr., Maria W. Boyce, William P. Johnson, Baker Botts L.L.P., Austin, TX, Jose E. Rivera, Karen L. Hale, Abbott Park, IL, Steven Mitby, Baker Botts LLP, Houston, TX, for Plaintiff.

Bradford J. Badke, Brandon H. Stroy, Brien P. Santarlas, Sanjeev Mehta, Neal K. Dahiya, Ropes & Gray LLP, New York, NY, Mark D. Rowland, Mark Daniel Rowland, Gabrielle Elizabeth Higgins, Ropes & Gray LLP, Palo Alto, CA, for Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

WILLIAM ALSUP, District Judge.

INTRODUCTION

After a bench trial, this order constitutes the findings of fact and conclusions of law. Both sides have submitted lengthy proposed findings and conclusions. Rather than address each and every proposal, this order will find its own way through the evidence and arguments. Any proposal that has been expressly agreed to by the opposing side, however, shall be deemed...

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