Law360 has reported that a Delaware federal jury has cleared Dexcom of infringing two glucose monitor patents owned by an Abbott Laboratories unit, while finding infringement of one that was not willful. It hung on a fourth. The trial was overseen by Third Circuit Judge Kent A. Jordan in the U.S. District of Delaware, who decided a second trial will be held to determine any damages.
Up until April 2021, Dexcom and Abbott had been parties to a covenant not to sue each other. By the time that covenant expired, both companies had introduced new continuous glucose monitors – Dexcom’s G6 and Abbott’s FreeStyle Libre – which track blood-sugar levels without fingerpricks.
Abbott sued Dexcom in July 2021, alleging that Dexcom’s glucose monitoring systems infringed 12 patents and sought $1.4 billion in damages. By the time trial began, only four patents remained at issue.
Dexcom is represented by Bob Van Nest, Gene Paige, Matthew Werdegar, Adam Lauridsen, Sophie Hood, David Rosen, and Andrew Bruns; associates Puja Parikh, Bilal Malik, Oliver Fong, Michael Deamer, Jacquie Andreano, Ellen Watlington; senior IP attorneys Eric Hanson and JD Schneider; and attorneys Christina Blais, Audrey Hadlock and Beth Egan.
Read more at Law360.