Abbott Diabetes Care, Inc., v. Dexcom, Inc., C.A. No. 06-514-GMS, September 30, 2007.
Sleet, C.J. Defendant’s motion to strike the complaint is denied. Dexcom’s motion to consolidate this proceeding and to stay this proceeding pending reexamination of the seven patents-in-suit is granted.
The technology at issue involves health monitoring devices and systems. In a related lawsuit involving two patents, plaintiff’s amended complaint seeking to add five additional related patents was stricken as improperly filed. Plaintiff filed this new lawsuit and defendant moved to strike the complaint as redundant. The Court ruled that plaintiff was entitled to file the new action since the previous dismissal was not an adjudication on the merits. It consolidated the two actions since defendant’s accused devices were the same and the patents were related. It stayed the consolidated action pending reexamination of the seven patents-in-suit. Plaintiff had resisted consolidation in the belief that the reexamination for the patents in the first litigation would be completed much sooner. Because it could show no prejudice caused by consolidation, defendants’ motion was granted.
Judge Sleet noted in a footnote that letters filed after submission of the reply brief were disregarded as they failed to comply with the requirements of Rule 15(d).
A copy of the full opinion is available here.
