Abbott Diabetes Care Inc. & ors v Dexcom Incorporated & ors [2024] EWHC 36 (Pat) – Trial A
Abbott Diabetes Care Inc. & ors v Dexcom Incorporated & ors [2024] EWHC 36 (Pat)
This is a patent case relating to continuous glucose monitoring (“CGM”) technology, which now plays an important role in the management of type 1 diabetes. Abbott and Dexcom are the main players in this valuable market and are engaged in an ongoing patent dispute in which numerous patents are asserted by each side against the other in several jurisdictions. In the UK, the dispute has been case managed into a series of technical trials, of which this was the first. At trial, Abbott sought to establish that Dexcom’s G6, G7, and D1 systems infringed two of its patents: EP627, relating to aspects of the user interface; and EP223, concerning the validation of safety-critical software on devices such as smartphones. Dexcom asserted that two if its patents were infringed by Abbott’s Freestyle Libre 2 and 3 systems: EP159 and EP539, both relating to the way in which users are provided with alarms when high or low blood glucose is detected.
The trial took place over 6 days before Mellor J, and covered issues of infringement, novelty/obviousness in relation to six prior art documents, insufficiency, and amendment of various patents. All four of the patent in suit were held to be invalid.
Benet Brandreth KC and David Ivison, instructed by Bird & Bird LLP, appeared for Dexcom.