Dexcom, Inc. v. Abbott Diabetes Care, Inc.

24-1325Court of Appeals for the Federal CircuitOct 8, 2024

Full text

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DEXCOM, INC.,
Appellant
v.
ABBOTT DIABETES CARE, INC.,
Appellee
______________________
2024-1325
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2022-
00909.
--------------------------------------------------
ABBOTT DIABETES CARE, INC.,
Appellant
v.
DEXCOM, INC.,
Appellee
______________________
2024-1376
______________________
Case: 24-1325 Document: 25 Page: 1 Filed: 10/08/2024

-- 1 of 3 --

DEXCOM , INC. v. ABBOTT DIABETES CARE, INC. 2
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2022-
00909.
______________________
ON MOTION
______________________
O R D E R
The parties file a joint stipulation of voluntary dismis-
sal pursuant to Federal Rule of Appellate Procedure 42(b)
in Appeal No. 2024-1376 wherein they agree that each
party shall bear its own costs. DexCom Inc. moves unop-
posed for an extension of time, until November 29, 2024, to
file its reply brief in Appeal No. 2024-1325.
The court notes that November 29, 2024 is a legal hol-
iday, see Fed. Cir. R. 26(a)(1).
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) Appeal Nos. 2024-1325 and 2024-1376 are decon-
solidated and the revised official captions are reflected in
this order.
(2) Appeal No. 2024-1376 is dismissed. See Fed. R.
App. P. 42(b)(1). Each party shall bear its own costs re-
garding Appeal No. 2024-1376.
(3) The motion to extend time in Appeal No. 2024-1325
is granted to the extent that DexCom’s reply brief is due no
later than December 2, 2024. No further extensions of time
for the reply brief should be anticipated.
Case: 24-1325 Document: 25 Page: 2 Filed: 10/08/2024

-- 2 of 3 --

DEXCOM , INC. v. ABBOTT DIABETES CARE, INC. 3
(4) The Clerk of Court shall transmit a copy of this or-
der to the merits panel assigned to Appeal No. 2024-1325.
October 8, 2024
Date
F OR THE COURT
ISSUED AS A MANDATE (for 2024-1376 only): October 8,
2024
Case: 24-1325 Document: 25 Page: 3 Filed: 10/08/2024

-- 3 of 3 --

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.