Abbott and Dexcom Reach 10-Year Settlement Over Diabetes Sensor Patent Disputes

Settlement Agreement:
Abbott and Dexcom have agreed to a 10-year settlement resolving all ongoing patent disputes related to continuous glucose monitoring (CGM) products135.

Cross-Licensing Deal:
The agreement includes a global, non-exclusive cross-licensing deal for certain patents related to analyte sensing, with no royalties or other payments involved13.

No Litigation:
Both companies have agreed not to engage in any further litigation over patents, trade dress, or design rights for the next ten years135.

Previous Disputes:
The settlement concludes a series of patent-related conflicts that began after a previous agreement expired in 202123.

Legal Background:
The companies had previously reached a settlement in 2014 that included a cross-licensing deal and a mutual covenant not to sue until 2021. After the covenant period expired, they filed multiple patent lawsuits against each other23.

Impact:
The settlement is seen as a step towards fostering greater collaboration in the diabetes technology space, allowing both companies to focus on advancing their respective solutions without the distraction of ongoing legal disputes35.

Sources:

1. https://www.medtechdive.com/news/abbott-dexcom-settle-cgm-patent-lawsuits/736300/

2. https://haugpartners.com/article/dexcom-inc-v-abbott-diabetes-care-inc-federal-circuit-finds-forum-selection-clause-does-not-bar-ipr-proceedings-based-on-contract-interpretation/

3. https://www.diabetes.co.uk/news/2024/dec/abbott-and-dexcom-settle-patent-disputes.html

5. https://www.fiercebiotech.com/medtech/abbott-dexcom-agree-10-year-truce-over-diabetes-sensor-patent-litigation