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DexCom wins stay in Abbott patent case
New York, Aug. 18 - DexCom, Inc. said it was granted a stay in the patent infringement case brought against it by Abbott Diabetes Care, Inc.
The San Diego-based maker of glucose monitoring systems also said the U.S. District Court for the District of Delaware dismissed one significant claim in the lawsuit.
The stay is pending reexamination of the patents by the U.S. Patent and Trademark Office, DexCom said.
If some or all of the claims of the four patents being reexamined are found to be invalid then many issues in the litigation will be moot, DexCom reported the court as saying.
"We are extremely pleased by the court's ruling as it has always been our view that Abbott's legal tactics are merely an attempt by a much larger and established company to intimidate and distract DexCom, a small company, from commercializing our STS Continuous Glucose Monitoring System, which is a new and important technology for people with diabetes," said Andy Rasdal, DexCom's president and chief executive officer, in a news release.
The Patent and Trademark Office previously granted DexCom's request for reexamination of all four Abbott patents cited in the litigation.
The court also granted DexCom's motion to strike Abbott's amended complaint in which it had sought to add three additional patents to the litigation.
However, subsequent to the ruling, Abbott filed a separate action alleging infringement of those same three additional patents.
DexCom said it believes the new complaint, like the first, is without merit and intends to vigorously contest the action.
DexCom said it has filed requests with the Patent and Trademark Office to reexamine each of the three new patents cited by Abbott.
DexCom's reexamination requests are based on prior art patents and publications.
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