U.S. Court of Appeals for the Federal Circuit, 2024

Dexcom, Inc. v. Abbott Diabetes Care, Inc.

Dexcom, Inc. v. Abbott Diabetes Care, Inc.
U.S. Court of Appeals for the Federal Circuit · Decided October 8, 2024
Dexcom, Inc. v. Abbott Diabetes Care, Inc.

Opinion

Case: 24-1325 Document: 25 Page: 1 Filed: 10/08/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________ DEXCOM, INC., Appellant v.

ABBOTT DIABETES CARE, INC.,

Appellee ______________________ 2024-1325 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2022- 00909.

-------------------------------------------------- ABBOTT DIABETES CARE, INC.,

Appellant v. DEXCOM, INC., Appellee ______________________ 2024-1376 ______________________

Case: 24-1325 Document: 25 Page: 2 Filed: 10/08/2024 2 DEXCOM, INC. v. ABBOTT DIABETES CARE, INC.

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2022- 00909.

______________________ ON MOTION ______________________ ORDER

The parties file a joint stipulation of voluntary dismis- sal pursuant to Federal Rule of Appellate Procedure 42(b) in Appeal No. 2024-1376 wherein they agree that each party shall bear its own costs. DexCom Inc. moves unop- posed for an extension of time, until November 29, 2024, to file its reply brief in Appeal No. 2024-1325.

The court notes that November 29, 2024 is a legal hol- iday, see Fed. Cir. R. 26(a)(1).

Upon consideration thereof, IT IS ORDERED THAT: (1) Appeal Nos. 2024-1325 and 2024-1376 are decon- solidated and the revised official captions are reflected in this order.

(2) Appeal No. 2024-1376 is dismissed. See Fed. R. App. P. 42(b)(1). Each party shall bear its own costs re- garding Appeal No. 2024-1376.

(3) The motion to extend time in Appeal No. 2024-1325 is granted to the extent that DexCom’s reply brief is due no later than December 2, 2024. No further extensions of time for the reply brief should be anticipated.

Case: 24-1325 Document: 25 Page: 3 Filed: 10/08/2024 DEXCOM, INC. v. ABBOTT DIABETES CARE, INC. 3

(4) The Clerk of Court shall transmit a copy of this or- der to the merits panel assigned to Appeal No. 2024-1325.

FOR THE COURT October 8, 2024

Date ISSUED AS A MANDATE (for 2024-1376 only): October 8, 2024

Case-law data current through September 30, 2026. Source: CourtListener bulk data.