IP Partner Quoted on Therasense Patent Case

Managing IP

This article, about medical technology company Becton Dickson's patent victory against Therasense, quotes New York intellectual property partner Richard Martinelli.

Orrickā€™s Richard Martinelli said this case might not have been the right one for the Supreme Court to consider the standard.

"This has now proven that even under the very high bar set in Therasense, the facts here were bad enough according to the judge who heard the case that it still met the higher standard," he said. "What we need now is probably a case that would fail under the higher standard but still seems to have activity that seemed improper."