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

U.S. Court of Appeals for the Federal Circuit

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            NOTE: This order is nonprecedential.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


Reference

Status
Unpublished