Federal Circuit Cancels DexCom Glucose-Monitor Sensor Patent

The Federal Circuit upheld an administrative tribunal’s decision to nix six claims from a DexCom Inc. patent covering implantable sensors used to monitor patients’ blood glucose levels.

DexCom sued Abbott Diabetes Care Inc. for the infringement of five patents, including US Patent No. 10,702,193, in a June 2021 suit that ended in settlement more than three years later. But Abbott’s countervailing validity challenge to the ‘193 patent continued forward, with the US Patent and Trademark Office defending an obviousness decision of the Patent Trial and Appeal Board.

DexCom argued on appeal that the PTAB relied on a non-sequitur to ...