Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2024] EWHC 36 (Pat) (15 January 2024)

Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2024] EWHC 36 (Pat) (15 January 2024)

The court found that Dexcom's G6, G7, and D1 systems did not infringe Abbott's EP627 and EP223 patents, and that those patents were invalid for lack of inventive step and/or insufficiency. Abbott's FSL2 and FSL3 systems did not infringe Dexcom's EP159 and EP539 patents, and those patents were also found invalid for...

Source-derived case information.

Citation
[2024] EWHC 36 (Pat)
Parties
Claimant: Abbott Diabetes Care Inc.; Claimant: Abbott Laboratories Vascular Enterprises LP; Claimant: Abbott Ireland; Claimant: Abbott Diabetes Care Limited; Claimant: Abbott Diagnostics GmbH; Claimant/part 20 Defendant: Abbott Laboratories Limited; Defendant/part 20 Claimant: Dexcom Incorporated; Defendant/part 20 Claimant: Dexcom International Limited; Defendant: Dexcom Operating Limited; Defendant: Dexcom (UK) Distribution Limited
Jurisdiction
England and Wales
Judgment Date
15 January 2024
Procedural Posture
Patent Infringement and Validity Proceedings / First Instance Trial (trial A)
Outcome
All patents in issue found invalid; no infringement established.
Legal Topics
Patent Infringement, Patent Validity, Novelty, Inventive Step, Insufficiency, Obviousness, Medical Devices, Continuous Glucose Monitoring
Intellectual Property Patents Patent Infringement Patent Validity Novelty Inventive Step Insufficiency Obviousness +2 more

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Summary, issues, holding and outcome

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Parties

Abbott Diabetes Care Inc.

Claimant

Abbott Laboratories Vascular Enterprises LP

Claimant

Abbott Ireland

Claimant

Abbott Diabetes Care Limited

Claimant

Abbott Diagnostics GmbH

Claimant

Abbott Laboratories Limited

Claimant/part 20 Defendant

Dexcom Incorporated

Defendant/part 20 Claimant

Dexcom International Limited

Defendant/part 20 Claimant

Dexcom Operating Limited

Defendant

Dexcom (UK) Distribution Limited

Defendant

Procedural Posture

Patent Infringement and Validity Proceedings / First Instance Trial (trial A)

Legal Issues

  1. 1 Whether Dexcom's G6, G7 and D1 systems infringe Abbott's EP627 and EP223 patents
  2. 2 Whether Abbott's FSL2 and FSL3 systems infringe Dexcom's EP159 and EP539 patents
  3. 3 Validity of EP627, EP223, EP159, and EP539 (novelty, inventive step, sufficiency, extension of protection)

Ratio Decidendi

The court found that Dexcom's G6, G7, and D1 systems did not infringe Abbott's EP627 and EP223 patents, and that those patents were invalid for lack of inventive step and/or insufficiency. Abbott's FSL2 and FSL3 systems did not infringe Dexcom's EP159 and EP539 patents, and those patents were also found invalid for lack of inventive step and/or insufficiency. The court applied established principles of claim construction, novelty, inventive step, and sufficiency, considering the common general knowledge and the cited prior art. Conditional amendments to EP223 and EP539 were not allowed as they did not cure the underlying invalidity.

Court Disposition

All patents in issue found invalid; no infringement established.

Orders

  • Abbott's claims for infringement dismissed.
  • Dexcom's counterclaims for invalidity of EP627 and EP223 succeed.