Abbott Diabetes Monitor Patent Revived By Fed. Circ.

Law360, New York (September 28, 2012, 5:45 PM EDT) -- Ruling that the U.S. Patent and Trademark Office had misconstrued two Abbott Diabetes Care Inc. glucose monitoring patents to include features the patents were actually disparaging in prior art, the Federal Circuit on Friday vacated the office's rejection of the patents.

During an ex parte re-examination, the USPTO had construed the references in Abbott's patents to an "electrochemical sensor" to mean a sensor that included wires and cables. Using that construction, it rejected Abbott's patents as anticipated or obvious in view of prior art.

The Federal Circuit ruled that the office's construction was wrong because the only references to wires and...

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