Jane Lambert Patents Court (Mr Justice Richards) Abbott Diabetes Care Inc and others v Dexcom Inc and others [2023] EWHC 2591 (Ch) (18 Oct 2023) This was a claim by Abbot Daiabetes Care Inc and others ("Abbott") for infringement of European patent (UK) 2549918B1 for Medical device inserters and processes of inserting and using medical devices and a counterclaim by Dexcom Inc and others ("Dexcom") for revocation of the patent on grounds of added matter , anticipation . insufficiency and obviousness , According to Mr Justice Richatrds who tried the action and counterclaim on 6 and 7 July 2023, this was the third of a series of UK patent infringement/validity trials concerning continuous glucose monitoring ("CGM") systems . Abbott indicated that it would apply to amend the patent if the court found it invalid. By para [208] of his judgment which he handed down on 18 Oct 2023 the judge dismissed the claim and by [209] he dismissed the counte...
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