DexCOM, INC. v. ABBOTT DIABETES CARE, INC.

2023-1795.

89 F.4th 1370 (2024)

DexCOM, INC., Plaintiff-Appellant, v. ABBOTT DIABETES CARE, INC., Abbott Diabetes Care Sales Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: January 3, 2024.


Attorney(s) appearing for the Case

William Adams , Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, argued for plaintiff-appellant. Also represented by David Leon Bilsker , San Francisco, CA; Nathan Hamstra , Chicago, IL; Alexander Hale Loomis , Boston, MA; Valerie Anne Lozano, I , Los Angeles, CA; John W. Shaw , Shaw Keller LLP, Wilmington, DE.

Jason M. Wilcox , Kirkland & Ellis LLP, Washington, DC, argued for defendants-appellees. Also represented by William H. Burgess , John C. O'Quinn ; Amanda J. Hollis , Chicago, IL; Benjamin Adam Lasky , Ashley Ross , New York, NY, Ellisen Shelton Turner , Los Angeles, CA.

Before Dyk, Hughes, and Stoll, Circuit Judges.


This is an interlocutory appeal from a consolidated case between Abbott Diabetes Care, Inc. and Abbott Diabetes Care Sales Corp. (collectively, "Abbott") and DexCom, Inc. in the United States District Court for the District of Delaware. After DexCom sued Abbott for infringing its patents, Abbott petitioned for inter partes...

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