Appeals from the United States Patent v. Dexcom, Inc.

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
In Re DEXCOM, INC.,
Appellant
______________________
2024-1506, 2024-1507
______________________
Appeals from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Nos. IPR2022-
00913 and IPR2022-00914.
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ABBOTT DIABETES CARE, INC.,
Appellant
v.
DEXCOM, INC.,
Appellee
______________________
2024-1449, 2024-1450
______________________
Appeals from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Nos. IPR2022-
00913 and IPR2022-00914.
______________________
ON MOTION
Case: 24-1506 Document: 6 Page: 1 Filed: 01/27/2025

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IN RE DEXCOM , INC. 2
______________________
O R D E R
Upon consideration of the parties’ joint stipulation to
dismiss Appeal Nos. 2024-1449 and 2024-1450, and Abbott
Diabetes Care, Inc.’s motion to withdraw as appellee in Ap-
peal Nos. 2024-1506 and 2024-1507,
I T I S O RDERED T HAT :
(1) Appeal Nos. 2024-1449 and 2024-1450 are decon-
solidated from Appeal Nos. 2024-1506 and 2024-1507. The
motion to withdraw is granted. The revised official and
short captions are reflected in this order.
(2) Appeal Nos. 2024-1449 and 2024-1450 are dis-
missed. Each party shall bear its own costs.
(3) The briefing schedule is stayed for Appeal
Nos. 2024-1506 and 2024-1507.
(4) Within 30 days from the date of entry of this order,
the United States Patent and Trademark Office (PTO) is
directed to inform this court whether it intends to inter-
vene in either of the remaining appeals and, if so, whether
it intends to file its own response brief or to rely on the brief
previously filed by Abbott Diabetes Care, Inc.
(5) If the PTO elects to participate as intervenor in ei-
ther of the remaining appeals, its docketing statement in
the respective appeal is due within 14 days of the date of
filing of its notice of intervention and, if applicable, its brief
is due within 40 days of the date of filing of its notice.
Case: 24-1506 Document: 6 Page: 2 Filed: 01/27/2025

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IN RE DEXCOM , INC. 3
(6) If the PTO elects not to participate in the appeals,
the reply brief will be due no later than 21 days after the
filing of PTO’s notice of non-intervention or Febru-
ary 18, 2025, whichever date is later.
January 27, 2025
Date
F OR THE COURT
ISSUED AS A MANDATE (as to Appeal Nos. 2024-1449
and 2024-1450 only): January 27, 2025
cc: United States Patent and Trademark Office
Case: 24-1506 Document: 6 Page: 3 Filed: 01/27/2025

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