The First Precedential Patent Decision of 2023: Dexcom v. Abbott Diabetes Care
Patently-O
JANUARY 3, 2024
Judge Kent Jordan (D.Del) denied the PI motion. Although likelihood of success is typically a key element of preliminary relief, Judge Jordan here assumed that the patentee would win on this issue. A key to Judge Jordan’s holding was that DexCom had waited six-months after the IPR filing to seek injunctive relief.
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