Abbott sues DexCom over glucose-monitoring patent settlement, license

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Abbott Laboratories logo is displayed on a screen at the NYSE in New York
Abbott Laboratories logo is displayed on a screen at the New York Stock Exchange (NYSE) in New York City, U.S., October 18, 2021. REUTERS/Brendan McDermid
  • Diabetes rivals settled patent dispute in 2014
  • New court complaints filed after agreement expired in March
  • Abbott says DexCom breached settlement agreement, patent license

(Reuters) - An Abbott Laboratories subsidiary focused on diabetes care sued rival DexCom in Delaware federal court for allegedly violating a 2014 settlement agreement and asked the court to declare that Abbott doesn't infringe its patents.

The lawsuit filed Wednesday is sealed, and the motion to seal says it relates to Abbott's Freestyle Libre continuous glucose monitoring system.

Chicago-based Abbott made more than $2.6 billion from worldwide sales of Freestyle Libre products last year, according to a filing with the U.S. Securities and Exchange Commission. DexCom's flagship G6 system is a rival to the Freestyle Libre.

The settlement gave the companies cross-licenses to patents related to glucose monitoring, and included agreements lasting through March 2021 not to sue each other for patent infringement or challenge the patents' validity.

The settlement agreement resolved an earlier patent dispute between the companies over glucose-monitoring technology, which involved three infringement lawsuits brought by Abbott against DexCom in Delaware in 2005, 2006, and 2013.

San Diego-based DexCom sued Abbott in Waco, Texas, in June alleging the Freestyle Libre system infringed its patents. Abbott countered with its own lawsuit against DexCom in Delaware the next day, alleging DexCom's G6 products infringed its Freestyle Libre patents.

DexCom didn't immediately respond to a request for comment, nor did Abbott or its attorneys Edward Mas of McAndrews Held & Malloy, Ellisen Turner of Kirkland & Ellis, or Jack Blumenfeld of Morris Nichols Arsht & Tunnell.

Abbott's motion to seal says the company will file a redacted public version of the complaint within a week.

The case is Abbott Diabetes Care Inc v. DexCom Inc, U.S. District Court for the District of Delaware, No. 1:21-cv-01699.

For Abbott: Edward Mas of McAndrews Held & Malloy, Ellisen Turner of Kirkland & Ellis, Jack Blumenfeld of Morris Nichols Arsht & Tunnell

For DexCom: N/A

Our Standards: The Thomson Reuters Trust Principles.

Thomson Reuters

Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets, for Reuters Legal. He has previously written for Bloomberg Law and Thomson Reuters Practical Law and practiced as an attorney. Contact: 12029385713

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