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Item 1. Legal Proceedings

2024-04-25 compared with 2023-10-26 · 41 added, 20 removed, 12 unchanged (84% of the section changed)

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In addition, from time to time we may bring claims or initiate lawsuits against various third parties with respect to matters arising out of the ordinary course of our business, including commercial and employment related matters.

Between June 2021 through the nine months ended September 30, 2023, we and certain Abbott Diabetes Care, Inc.

(“Abbott”) entities have served complaints against each other in multiple jurisdictions, including in the United States (United States District Court ("U.S.D.C.”), District of Delaware), the United Kingdom (Business and Property Courts of England and Wales), France (United Patent Court (“UPC”) in Paris), Spain (Commercial Courts of Barcelona) and Germany (National Courts (“N.C.”) of Munich, Mannheim, Dusseldorf and Hamburg and the UPC in Munich), primarily involving claims of patent infringement, invalidity and other patent related actions.

In June and July of 2021, we initiated patent infringement litigation against Abbott in the United States (U.S.D.C., Western District of Texas) and Germany (N.C.

in Mannheim) and filed additional patent infringement actions in May 2023 in Germany (N.C.

in Munich) over certain of Abbott's continuous glucose monitoring products.

In July and August 2023, we initiated patent infringement litigation in France and Germany in the UPC and in Spain (Commercial Courts of Barcelona).

Between July 2021 through the nine months ended September 30, 2023, Abbott initiated patent infringement litigation against Dexcom in multiple jurisdictions, including the United States (U.S.D.C., Delaware), the United Kingdom (Business and Property Courts of England and Wales), and in Germany (N.C.

in Mannheim, Dusseldorf and Hamburg) over certain of Dexcom's continuous glucose monitoring products.

In response to the lawsuits initiated by Abbott in the United Kingdom, Dexcom also filed patent infringement counterclaims in that jurisdiction.

Since June 2021, we and certain Abbott Diabetes Care, Inc.

(“Abbott”) entities have served patent infringement complaints against each other in multiple jurisdictions against certain continuous glucose monitoring products of each company.

In June 2021, we initiated patent infringement litigation against Abbott in the United States (U.S.D.C., Western District of Texas) and Germany (National Court (“N.C.”) in Mannheim).

In May 2023, we filed additional patent infringement actions in Germany (N.C.

In July and August 2023, we initiated patent infringement litigation in the United Patent Court (“UPC”) (Paris & Munich) and in Spain (Commercial Courts of Barcelona).

In October and November 2023, we initiated patent infringement litigation in Germany (N.C.

in Munich) and in the UPC (Paris & Munich).

In January 2024, we initiated patent infringement litigation in Germany (N.C.

In July 2021, one day after we initiated litigation in the U.S.D.C., Western District of Texas, Abbott initiated patent infringement litigation against Dexcom in the United States (U.S.D.C., Delaware (“D1”)).

Shortly thereafter, Abbott filed additional patent infringement litigation actions in the United Kingdom (Business and Property Courts of England and Wales) and Germany (N.C.

in Mannheim and Dusseldorf).

In response to the lawsuits initiated by Abbott in the United Kingdom, Dexcom also filed patent infringement counterclaims in the Business and Property Courts of England and Wales.

Three trials on liability have already been conducted in the United Kingdom.

On October 18, 2023, judgment was handed down in favor of Dexcom in one of these trials.

The parties are awaiting rulings on the remaining two.

Dexcom and Abbott seek injunctive relief and monetary damages as a result of their respective claims.

In December 2021, Abbott filed a breach of contract lawsuit against Dexcom in the U.S.D.C., District of Delaware alleging that Dexcom breached the parties' Settlement and License Agreement dated July 2, 2014 (“SLA”).

The U.S.D.C., District of Delaware consolidated Abbott’s breach of contract lawsuit with Dexcom’s patent infringement lawsuit which had been transferred from the U.S.D.C., Western District of Texas.

On January 15, 2024, judgment was handed down invalidating both Abbott and Dexcom’s patents in another one of these trials.

The parties are awaiting rulings on the remaining trial.

Dexcom and Abbott sought injunctive relief and monetary damages as a result of their respective claims.

In December 2021, Abbott filed a breach of contract lawsuit against Dexcom in the United States (U.S.D.C., District of Delaware) alleging that Dexcom breached the parties' Settlement and License Agreement dated July 2, 2014 (“SLA”).

Dexcom asserted counterclaims that Abbott also breached the SLA.

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On July 14, 2023, the jury verdict determined that Abbott was not licensed to thirteen claims of certain Dexcom patents and that Abbott was licensed to five claims.

Dexcom’s patent infringement claims in Delaware are stayed until November 10, 2023, at which point the U.S.

Patent and Trademark Office will have issued its final written decisions on certain patents involved in the lawsuit.

We will continue to enforce the remaining claims of the patents asserted in Delaware.

Abbott’s patent infringement action against Dexcom is currently scheduled for trial in the U.S.D.C., District of Delaware on March 11, 2024.

In the lead up to trial, the U.S.D.C., District of Delaware invalidated one of Abbott’s patents and Abbott dropped four other patents from the litigation.

Commencing in December 2023, Abbott has several patent infringement hearings against Dexcom in the National Court in Hamburg and Munich wherein Abbott is seeking damages and injunctive relief.

In March and April of 2024, Dexcom has several patent infringement hearings in Munich against Abbott, wherein Dexcom is seeking damages and injunctive relief.

In April 2022, Abbott initiated the inter partes review (“IPR”) process on the asserted claims of Dexcom’s patents in D3.

Patent and Trademark Office (the “PTO”) denied institution of one of Dexcom’s patents and instituted IPR on the other four.

Ultimately, in November 2023, the PTO issued its Final Written Decision, upholding claims of two Dexcom patents to be patentable, which cover factory calibration and certain alarms and alerts, and two to be unpatentable, which cover certain sensor code and sensor configurations.

We will continue to enforce the remaining claims of the patents asserted in Delaware with trial set for February 2025.

In February 2023, Abbott filed patent infringement litigation against us in Germany (N.C.

in Hamburg and Munich).

In March 2023, Abbott filed a patent infringement litigation in the United States (U.S.D.C., Delaware (“D4”)) and we filed counterclaims for patent infringement in that action in June 2023.

In June 2023, Abbott filed patent infringement litigation actions in the United Kingdom (Business and Property Courts of England and Wales).

In response to the lawsuits initiated by Abbott in the United Kingdom, Dexcom also filed patent infringement counterclaims in that jurisdiction.

Abbott’s patent infringement trial, “D1”, against Dexcom commenced in the U.S.D.C., District of Delaware in March 2024.

In the lead up to trial, the U.S.D.C., District of Delaware invalidated one of Abbott’s patents on factory calibration and Abbott dropped four other patents from the litigation.

The claims litigated were isolated to the inserter mechanism and the wearable seal and mount of Dexcom’s G6.

On March 22, 2024, a jury returned a mixed verdict.

The jury found that Dexcom infringes one patent, that Dexcom did not infringe a second patent, and that Dexcom also did not infringe a third patent, which the jury also found invalid.

The jury found that any infringement was not willful.

It could not reach unanimity as to a fourth patent.

No determination of damages was made or awarded.

Dexcom will challenge the sole finding of infringement and continue to defend itself vigorously.

Commencing in January 2024, Abbott has several patent infringement hearings against Dexcom in Germany (N.C.

in Hamburg and Munich) wherein Abbott is seeking damages and injunctive relief.

On January 31, 2024, the Court in Munich in two such hearings provided Dexcom additional time to brief certain issues Abbott raised late in the proceedings, thus postponing a decision in both proceedings until May 2024.

In March and April of 2024, Dexcom has several patent infringement hearings in the N.C.

in Mannheim and Munich against Abbott, wherein Dexcom is seeking damages and injunctive relief.

Dexcom has hearings in May and June 2024 in its first two proceedings in the UPC and in July 2024 in the N.C.

Due to uncertainty surrounding patent litigation procedures initiated by Dexcom and Abbott throughout multiple jurisdictions, we are unable to reasonably estimate the ultimate outcome of any of the litigation matters at this time.

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What changed 10-Q

Item 1. Legal Proceedings