Judge upholds Abbott's loss over glucose monitor claim

Abbott Laboratories' loss in its bid to get more than $42 million from Becton, Dickinson & Co. and Nova Biomedical Corp. over a patent-infringement claim was upheld by an appeals court.

The U.S. Court of Appeals for the Federal Circuit in Washington today affirmed a lower court's ruling that an Abbott patent used for glucose monitors is invalid.

A federal jury in San Francisco said in August 2008 that Becton Dickinson infringed the patent with its BD Test Strips, though since the patent was invalid, the violation was irrelevant.

"We continue to believe our patents are valid and are evaluating our options," said Scott Stoffel, a spokesman for Libertyville Township-based Abbott.

Franklin Lakes, New Jersey-based Becton Dickinson, a maker of hypodermic needles and other medical devices, sold its glucose-monitoring business in 2006.

Colleen White, a spokeswoman for the company, said they were "pleased with the result."

The case is Therasense Inc. v. Becton, Dickinson & Co., 09cv1008, -1009, -1010, -1034, -1035, -1036, -1037, U.S. Court of Appeals for the Federal Circuit (Washington).