DexCom, Abbott patent lawsuit gets new review by trademark office

By Elaine Rigoli

Tampa, Fla., March 29 - The U.S. Patent and Trademark Office has granted DexCom, Inc.'s requests for reexamination of four patents owned by Abbott Diabetes Care, Inc.

The four patents in question were acquired by Abbott in its 2004 acquisition of TheraSense, Inc. and currently serve as the basis of a patent infringement claim filed by Abbott against DexCom in the U.S. District Court for the District of Delaware, according to a news release.

DexCom filed a request to reexamine U.S. Patent No. 6,565,509 with the patent office on Jan. 25 and filed requests to reexamine U.S. Patent Nos. 6,175,752; 6,329,161 and 6,284,478 on Feb. 1.

DexCom said its reexamination requests were based on prior art patents and publications - many of which were not considered by the patent office during its initial review of the applications that resulted in the four patents - that may render the claims of Abbott's patents invalid under U.S. patent laws.

The patent office allowed the reexaminations, and ultimately determined that the prior art cited by DexCom raised "substantial new questions of patentability" as to all four asserted patents, the release said.

DexCom said the outcome of the reexamination proceedings would likely render moot some or all of the patent claims that currently form the basis of Abbott's lawsuit against DexCom. The motion is fully briefed and awaiting a decision.

DexCom, based in San Diego, develops continuous glucose monitoring systems for people with diabetes.

Abbott, based in Abbott Park, Ill., develops products for people with diabetes.

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