Fresh From the Bench: Latest Precedential Patent Case
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
CASE OF THE WEEK
Dexcom, Inc. v. Abbott Diabetes Care, Inc., Appeal No. 2023-1795 (Fed. Cir. Jan. 3, 2024)
In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a district court’s denial of DexCom’s motion to preliminarily enjoin Abbott from proceeding with its inter partes review challenges to DexCom’s patents, based on a “no challenge” provision in a prior settlement agreement between the parties.
After previous patent litigation between the parties, DexCom and Abbott had entered into a settlement agreement that included, among other things, a mutual covenant not to “Challenge” each other’s patents for a certain period of time—with “Challenge” defined to include IPR proceedings before the Patent Trial and Appeal Board (“PTAB”). A forum selection clause specified the U.S. District Court for the District of Delaware as the exclusive jurisdiction for disputes.
Editors:
Nika Aldrich, IP Litigation Group Leader, Schwabe, Williamson & Wyatt, P.C.
Jason A. Wrubleski, Shareholder
Contributors:
Tyler Hall, Associate
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