Abbott Diabetes Care Inc & Ors v Dexcom Inc & Ors

Abbott Diabetes Care Inc & Ors v Dexcom Inc & Ors

The Dexcom G7 does not infringe EP044 because the product does not satisfy the requirement that the introducer needle is 'coupled to the housing' as construed in the patent. EP044 is invalid for obviousness over Heller, which discloses all features of the claims or renders them obvious to the skilled team. The added matter attack on claim 5 fails. Insufficiency and other validity attacks do not succeed beyond the finding of obviousness.

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
07 February 2024
Procedural Posture
Patent Infringement and Validity / Judgment After Trial (trial B)
Outcome
Claim dismissed; patent revoked for invalidity
Legal Topics
Patent Infringement, Patent Validity, Obviousness, Added Matter, Insufficiency, Construction of Patent Claims
Intellectual Property Patents Patent Infringement Patent Validity Obviousness Added Matter Insufficiency Construction of Patent Claims

Case Brief

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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 / Judgment After Trial (trial B)

Legal Issues

  1. 1 Whether Dexcom G7 infringes EP 3 730 044 B1 (EP044)
  2. 2 Whether EP044 is invalid for obviousness over Heller, Ethelfeld, or Fennell
  3. 3 Whether EP044 is invalid for added matter or insufficiency

Ratio Decidendi

The Dexcom G7 does not infringe EP044 because the product does not satisfy the requirement that the introducer needle is 'coupled to the housing' as construed in the patent. EP044 is invalid for obviousness over Heller, which discloses all features of the claims or renders them obvious to the skilled team. The added matter attack on claim 5 fails. Insufficiency and other validity attacks do not succeed beyond the finding of obviousness.

Court Disposition

Claim dismissed; patent revoked for invalidity

Orders

  • Declaration that Dexcom G7 does not infringe EP044
  • Declaration that EP044 is invalid for obviousness over Heller