In Therasense, Inc. v. Becton, Dickinson & Co., the Court of Appeals for the Federal Circuit (CAFC) upheld a jury verdict of invalidity even though the district court had given erroneous jury instructions where the error was harmless because the claims were obvious. Therasense and Abbott Laboratories (Abbott) claimed that Becton, Dickinson & Company and Nova Biomedical Corp. (BD/Nova) infringed U.S. Patent No. 5,628,890 (the '890 patent), which claimed electrochemical sensors for measuring glucose levels in blood. (more...)