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DexCom Announces Stay and Partial Dismissal of Abbott Patent Infringement Suit against DexCom; Reiterates Commitment to Diabetes Community; Patients Can Continue to Benefit from DexCom's Innovative Products.


SAN DIEGO -- DexCom, Inc. (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
:DXCM) today announced that the U.S. District Court for the District of Delaware has granted DexCom's motion to stay the patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  case brought against it by Abbott Diabetes Care, Inc., a subsidiary of Abbott Laboratories, Inc. (NYSE NYSE

See: New York Stock Exchange
:ABT ABT About
ABT Abteilung (German: Department)
ABT Abbott Laboratories (stock symbol)
ABT American Ballet Theatre
ABT Associação Brasileira de Telemarketing
ABT Abort
ABT Availability Based Tariff
), and also said that the court has dismissed one significant claim in Abbott's lawsuit.

In granting DexCom's motion to stay the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 pending reexamination re·ex·am·ine also re-ex·am·ine  
tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines
1. To examine again or anew; review.

2. Law To question (a witness) again after cross-examination.
 of the patents by the United States Patent and Trademark Office The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent protection to inventors and businesses for their inventions, and trademark registration for product and intellectual property  ("USPTO USPTO
abbr.
United States Patent and Trademark Office
"), the court noted that granting the stay will "simplify the issues and focus the litigation," particularly if some or all of the claims of the four patents currently undergoing reexamination by the USPTO are found to be invalid, which would render many issues in the litigation moot. The court further noted that the stay will conserve the resources of both parties and the court and it will reduce the risk of inconsistent rulings by the court.

"We are extremely pleased by the court's ruling as it has always been our view that Abbott's legal tactics are merely an attempt by a much larger and established company to intimidate and distract DexCom, a small company, from commercializing our STS (Synchronous Transport Signal) The electrical equivalent of the SONET optical signal. In SDH, the European counterpart of SONET, STS is known as STM (Synchronous Transport Module). (TM) Continuous Glucose Monitoring glucose monitoring Lab medicine The periodic evaluation of any analyte abnormal in Pts with DM, to assess short and long-term control with antiglycemic agents. See Glucose, Glycated hemoglobin.  System, which is a new and important technology for people with diabetes," stated Andy Rasdal, DexCom's president and chief executive officer.

The USPTO had previously granted DexCom's request for reexamination of all four Abbott patents cited in the litigation. Although it is impossible to predict with certainty the outcome or timing of the reexamination process, according to the USPTO, seventy-four percent (74%) of the patents reexamined by the USPTO between 1981 and 2004 resulted in a cancellation or narrowing of all or some of the patent's original claims and the average duration of the reexamination process was twenty-one (21) months.

DexCom expects that the court's rulings will suspend further activity in the litigation until late 2007, or until the reexamination process is completed.

In approving the stay, the court also granted DexCom's motion to strike, or disallow To exclude; reject; deny the force or validity of.

The term disallow is applied to such things as an insurance company's refusal to pay a claim.
, Abbott's amended complaint amended complaint n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers),  in which Abbott had sought to add three additional patents to the litigation. However, subsequent to the court's ruling, Abbott filed a separate action in the U.S. District Court for the District of Delaware alleging patent infringement of those same three additional patents. DexCom believes this complaint, like the first, is also without merit and intends to vigorously contest the action. To that end, DexCom has filed requests with the USPTO to reexamine re·ex·am·ine also re-ex·am·ine  
tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines
1. To examine again or anew; review.

2. Law To question (a witness) again after cross-examination.
 each of the three new patents cited by Abbott. DexCom's reexamination requests are based on prior art patents and publications - many of which were not considered by the USPTO during its initial review of the applications that resulted in the issuance of the three patents - that may render the claims of Abbott's patents invalid under U.S. patent laws. DexCom continues to believe that its technology, which was developed independently, is clearly differentiated from that described in the three additional patents cited by Abbott.

"We believe the court's decision to stay the case until the Patent Office completes its review is especially appropriate given the frequency of patent invalidations and amendments resulting from reexamination," Rasdal added. "With these rulings, DexCom can now concentrate our resources more fully on developing and commercializing innovative continuous glucose monitoring products to help people with diabetes live fuller and longer lives. We remain committed to fighting passionately to overcome any future obstacles that threaten the introduction of our products to patients suffering from diabetes."

About DexCom, Inc.

DexCom, Inc., headquartered in San Diego, California “San Diego” redirects here. For other uses, see San Diego (disambiguation).
San Diego is a coastal Southern California city located in the southwestern corner of the continental United States. As of 2006, the city has a population of 1,256,951.
, is developing and marketing continuous glucose monitoring systems for people with diabetes.

Cautionary Statement Regarding Forward Looking Statements

This press release contains certain forward-looking statements concerning our beliefs regarding the patent infringement claims asserted against DexCom. Actual results could differ materially from any forward-looking statements due to risks and uncertainties. There can be no certainty that the USPTO will invalidate or narrow the claims of any of the patents asserted by Abbott. Even if the patent claims are invalidated or narrowed, there can be no assurance of the outcome of the litigation. Whether a product infringes a patent involves complex legal and factual issues, the determination of which is often uncertain. Infringement claims against DexCom could cause us to incur significant costs, could place significant strain on our financial resources, divert management's attention from our business and harm our reputation. If we were found to infringe, we could be prohibited from selling our product that is found to infringe unless we could obtain a license or are able to design around the relevant patents. A court could also order us to pay damages.

DexCom is a medical device company with a limited operating history. The company received approval from the FDA FDA
abbr.
Food and Drug Administration


FDA,
n.pr See Food and Drug Administration.

FDA,
n.pr the abbreviation for the Food and Drug Administration.
 for its STS continuous glucose monitor on March 24, 2006, and has only recently launched the sale of this product throughout the United States. Successful commercialization of the company's products is subject to numerous risks and uncertainties, including a lack of acceptance in the marketplace by physicians and patients, the inability to manufacture products in commercial quantities at an acceptable cost, possible delays in the company's development programs, the inability of patients to receive reimbursements from third-party payors and inadequate financial and other resources. Certain of these risks and uncertainties, in addition to other risks, are more fully described in the company's quarterly report on Form 10-Q for the period ending June 30, 2006, as filed with the Securities and Exchange Commission on July 21, 2006.
COPYRIGHT 2006 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Comment:DexCom Announces Stay and Partial Dismissal of Abbott Patent Infringement Suit against DexCom; Reiterates Commitment to Diabetes Community; Patients Can Continue to Benefit from DexCom's Innovative Products.
Publication:Business Wire
Geographic Code:1USA
Date:Aug 18, 2006
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