This case was last updated from PACER on 08/29/2021 at 09:46:25 (UTC).

DexCom, Inc. v. Abbott Diabetes Care, Inc. et al

Case Summary

On June 30, 2021, DexCom, Inc. (“DexCom” or “Plaintiff”), represented by Charles L. Ainsworth of Parker, Bunt & Ainsworth, P.C. and David A. Nelson of Quinn Emanuel Urquhart & Sullivan, LLP, filed an intellectual property lawsuit against Abbott Diabetes Care, Inc. and Abbott Diabetes Care Sales Corp. (collectively, “Abbott” or “Defendants”), seeking permanent injunctive relief and damages among other reliefs for the alleged infringement of the United States patent owned by the Plaintiff. The case was filed in the United States District Court in the Western District of Texas with Judge Alan D. Albright presiding. 

 

The Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 11,000,213 (“the ’213 Patent”), United States Patent No. 10,980,452 (“the ’452 Patent”), United States Patent No. 10,702,215 (“the ’215 Patent”), United States Patent No. 10,702,193 (“the ’193 Patent”), and U.S. Patent No. 10,993,642 (“the ’642 Patent”) (collectively, the “Patents-in-Suit”) owned by the Plaintiff.

 

In the complaint, the Plaintiff has alleged that, “ Abbott has infringed, and is continuing to infringe, literally or under the doctrine of equivalents, at least independent claim 1 of the ’213 Patent by making, using, selling, and/or offering for sale its Abbott FreeStyle Libre Products with factory calibration in the United States, in violation of 35 U.S.C. § 271(a).”

 

The Plaintiff further alleged that, “On information and belief, Abbott, with knowledge of the ’213 Patent, and without authority, has actively induced and continues to actively induce infringement by end-users of at least one claim of the ’213 Patent, under 35 U.S.C. § 271(b), by intentionally inducing the use, importation, offer for sale, and/or sale of Abbott Libre 2 systems, intending to encourage, and in fact encouraging, end-users to directly infringe the ’213 Patent.”

 

The Plaintiff also alleged that, “Abbott actively induced infringement by, inter alia, designing and introducing into the stream of commerce the Abbott Libre 2 systems and other infringing CGMs, and by publishing manuals and promotional literature describing and instructing in the operation of the accused devices in an infringing manner and by offering support and technical assistance to its customers that encourage use of the accused products in ways that infringe the asserted claims” and “Abbott has had actual knowledge of end users’ direct infringement and that Abbott’s acts induced such infringement since at least the date of this filing, and when DexCom provided to Abbott a copy of this Complaint.”

 

Similar allegations have been made by the Plaintiff with reference to the alleged infringement of other Patents-in-suit. 

 

There are five claims for relief laid down by the Plaintiff, one for the alleged infringement of each of the Patents-in-suit.

 

In the prayer for relief, the Plaintiff has requested the Court for temporarily, preliminarily, or permanently enjoin Defendants from their infringing conduct and grant declaratory reliefs. The Plaintiff also requested the court to award damages for the unlawful acts of patent infringement along with prejudgment and post-judgement interests, interests and costs and any other relief it deems just and proper.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.








Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00690

  • Filing Date:

    06/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

DexCom, Inc.

Defendants

Abbott Diabetes Care, Inc.

Abbott Diabetes Care Sales Corp.

Attorney/Law Firm Details

Plaintiff Attorneys

David A. Nelson

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

191 North Wacker Drive, Suite 2700

Chicago, IL 60606

Charles L. Ainsworth

Attorney at Parker, Bunt & Ainsworth, P.C.

100 East Ferguson, Suite 418

Tyler, TX 75702

Catherine R. Lacey

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

50 California Street, 22Nd Floor

San Francisco, CA 94111

Marc L. Kaplan

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

191 N. Wacker Drive, Suite 2700

Chicago, IL 60606

Michelle A. Clark

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

50 California Street, 22Nd Flr.

San Francisco, CA 94111

Nathan A. Hamstra

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

191 N. Wacker Drive, Suite 2700

Chicago, IL 60606

Philip Ducker

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

50 California Street, 22Nd Floor

San Francisco, CA 94118

Valerie Lozano

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

50 California Street

San Francisco, CA 94111

Sean San-Chul Pak

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

50 California Street, 22Nd Floor

San Francisco, CA 94111

Defendant Attorneys

J. Stephen Ravel

Attorney at Kelly Hart & Hallman LLP

303 Colorado Street, Suite 2000

Austin, TX 78701

Kelly Ransom

Attorney at Kelly Hat Hallman LLP

303 Colorado, Suite 2000

Austin, TX 78701

Kristina R. Cary

Attorney at KIRKLAND & ELLIS LLP

200 Clarendon Street

Boston, MA 02116

Alexander M. Vogler

Attorney at McAndrews, Held & Malloy, Ltd

500 West Madison Street, 34Th Floor

Chicago, IL 60661

Amanda Hollis

Attorney at Kirkland & Ellis LLP

300 North Lasalle

Chicago, IL 60654

Edward A. Mas, II

Attorney at McAndrews, Held & Malloy, Ltd.

500 West Madison Street, 34Th Floor

Chicago, IL 60661

Ellisen S. Turner

Attorney at Kirkland & Ellis LLP

2049 Century Park East, Suite 3700

Los Angeles, CA 90067

Leland G. Hansen

Attorney at McAndrews, Held & Malloy, Ltd.

500 West Madison Street, 34Th Floor

Chicago, IL 60661

 

Court Documents

33 #1

Proposed Order

#33

(#33) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Edward A. Mas II ( Filing fee $ 100 receipt number 0542-15047031) by on behalf of Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

31 #1

Proposed Order

30 #1

Proposed Order

#30

(#30) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Amanda Hollis ( Filing fee $ 100 receipt number 0542-15046937) by on behalf of Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

29 #1

Proposed Order

#29

(#29) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Ellisen S. Turner ( Filing fee $ 100 receipt number 0542-15046864) by on behalf of Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

28 #1

Proposed Order

#28

(#28) Unopposed MOTION for Extension of Time to File Answer re #19 Amended Complaint, by Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

#3

(#3) RULE 7 DISCLOSURE STATEMENT filed by DexCom, Inc.. (Ainsworth, Charles) (Entered: 06/30/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ainsworth, Charles) (Entered: 06/30/2021)

1 #6

Exhibit 5

1 #5

Exhibit 4

1 #4

Exhibit 3

1 #3

Exhibit 2

1 #2

Exhibit 1

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14969381). No Summons requested at this time, filed by DexCom, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Ainsworth, Charles) (Attachment 1 replaced on 6/30/2021) (lad). (Entered: 06/30/2021)

64 More Documents Available
View All Documents

 

Docket Entries

  • 07/27/2021
  • DocketReset Deadlines: Abbott Diabetes Care Sales Corp. and Abbott Diabetes Care, Inc. answer to amended complaint due 9/20/2021. (lad) (Entered: 07/27/2021)

    Read MoreRead Less
  • 07/27/2021
  • View Court Documents
  • DocketText Order GRANTING #28 Motion for Extension of Time to Answer entered by Judge Alan D Albright. BE IT REMEMBERED on this day, there was presented to the Court the Unopposed Motion for Extension of Time to File a Response to Plaintiffs Amended Complaint for Defendants Abbott Diabetes Care, Inc. and Abbott Diabetes Care Sales Corp. (Abbott), and the Court, having reviewed the motion, enters the following order: IT IS ORDERED that the Unopposed Motion for Extension of Time to File a Response to Plaintiffs Amended Complaint is GRANTED, and Defendants deadline to respond to theAmended Complaint is extended through and including September 20, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 07/27/2021)

    Read MoreRead Less
  • 07/27/2021
  • View Court Documents
  • DocketText Order GRANTING #29 , #30 , #31 , #32 , and #33 Motions to Appear Pro Hac Vice. Before the Court are the Motions for Admission Pro Hac Vice. The Court, having reviewed the Motions, finds they should be GRANTED and therefore orders as follows: IT IS ORDERED theMotions for Admission Pro Hac Vice are GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 07/27/2021)

    Read MoreRead Less
  • 07/23/2021
  • View Court Documents
  • Docket(#33) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Edward A. Mas II ( Filing fee $ 100 receipt number 0542-15047031) by on behalf of Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

    Read MoreRead Less
  • 07/23/2021
  • View Court Documents
  • Docket(#32) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Alexander M. Vogler ( Filing fee $ 100 receipt number 0542-15046998) by on behalf of Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

    Read MoreRead Less
  • 07/23/2021
  • View Court Documents
  • Docket(#31) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Leland G. Hansen ( Filing fee $ 100 receipt number 0542-15046959) by on behalf of Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

    Read MoreRead Less
  • 07/23/2021
  • View Court Documents
  • Docket(#30) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Amanda Hollis ( Filing fee $ 100 receipt number 0542-15046937) by on behalf of Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

    Read MoreRead Less
  • 07/23/2021
  • View Court Documents
  • Docket(#29) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Ellisen S. Turner ( Filing fee $ 100 receipt number 0542-15046864) by on behalf of Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

    Read MoreRead Less
  • 07/23/2021
  • View Court Documents
  • Docket(#28) Unopposed MOTION for Extension of Time to File Answer re #19 Amended Complaint, by Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/23/2021)

    Read MoreRead Less
  • 07/23/2021
  • View Court Documents
  • Docket(#27) NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of Abbott Diabetes Care Sales Corp., Abbott Diabetes Care, Inc.. Attorney J. Stephen Ravel added to party Abbott Diabetes Care Sales Corp.(pty:dft), Attorney J. Stephen Ravel added to party Abbott Diabetes Care, Inc.(pty:dft) (Ravel, J.) (Entered: 07/23/2021)

    Read MoreRead Less
21 More Docket Entries
  • 07/01/2021
  • View Court Documents
  • Docket(#8) Summons Issued as to Abbott Diabetes Care Sales Corp.. (lad) (Entered: 07/01/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#7) REQUEST FOR ISSUANCE OF SUMMONS by DexCom, Inc.. (Ainsworth, Charles) (Main Document 7 replaced on 7/1/2021) (lad). (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#6) Summons Issued as to Abbott Diabetes Care, Inc.. (lad) (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#5) Pro Hac Vice Letter. (Main doc is for Atty Lozano, Attachments: #1 Attys Pak Clark Ducker and Lacey, #2 Attys Hamstra and Kaplan)(lad) (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by DexCom, Inc.. (Ainsworth, Charles) (Main Document 4 replaced on 6/30/2021) (lad). Both Requests were for the same party due to a PDF issue, so only one was issued. Party may request the other in a separate filing (lad). (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by DexCom, Inc.. (Ainsworth, Charles) (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ainsworth, Charles) (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14969381). No Summons requested at this time, filed by DexCom, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Ainsworth, Charles) (Attachment 1 replaced on 6/30/2021) (lad). (Entered: 06/30/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Abbott Diabetes Care Inc. is a litigant

Latest cases where DEXCOM INC. is a litigant

Latest cases represented by Lawyer Philip Ducker

Latest cases represented by Lawyer Valerie Anne Lozano