In re DEXCOM, INC.

Case: 24-1506 Document: 6 Page: 1 Filed: 01/27/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________ In Re DEXCOM, INC., Appellant ______________________ 2024-1506, 2024-1507 ______________________

Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2022- 00913 and IPR2022-00914.

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

Appellant v. DEXCOM, INC., Appellee ______________________ 2024-1449, 2024-1450 ______________________

Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2022- 00913 and IPR2022-00914.

______________________ ON MOTION

Case: 24-1506 Document: 6 Page: 2 Filed: 01/27/2025 2 IN RE DEXCOM, INC.

______________________ ORDER

Upon consideration of the parties’ joint stipulation to dismiss Appeal Nos. 2024-1449 and 2024-1450, and Abbott Diabetes Care, Inc.’s motion to withdraw as appellee in Ap- peal Nos. 2024-1506 and 2024-1507,

IT IS ORDERED THAT: (1) Appeal Nos. 2024-1449 and 2024-1450 are decon- solidated from Appeal Nos. 2024-1506 and 2024-1507. The motion to withdraw is granted. The revised official and short captions are reflected in this order.

(2) Appeal Nos. 2024-1449 and 2024-1450 are dis- missed. Each party shall bear its own costs.

(3) The briefing schedule is stayed for Appeal Nos. 2024-1506 and 2024-1507.

(4) Within 30 days from the date of entry of this order, the United States Patent and Trademark Office (PTO) is directed to inform this court whether it intends to inter- vene in either of the remaining appeals and, if so, whether it intends to file its own response brief or to rely on the brief previously filed by Abbott Diabetes Care, Inc.

(5) If the PTO elects to participate as intervenor in ei- ther of the remaining appeals, its docketing statement in the respective appeal is due within 14 days of the date of filing of its notice of intervention and, if applicable, its brief is due within 40 days of the date of filing of its notice. Case: 24-1506 Document: 6 Page: 3 Filed: 01/27/2025 IN RE DEXCOM, INC. 3

(6) If the PTO elects not to participate in the appeals, the reply brief will be due no later than 21 days after the filing of PTO’s notice of non-intervention or Febru- ary 18, 2025, whichever date is later.

FOR THE COURT January 27, 2025

Date ISSUED AS A MANDATE (as to Appeal Nos. 2024-1449 and 2024-1450 only): January 27, 2025 cc: United States Patent and Trademark Office