Dexcom claims win in patent war with AgaMatrix unit WaveForm

Dexcom Inc. (NSDQ:DXCM) last week claimed a win along one front of its patent war with AgaMatrix subsidiary WaveForm Technologies, when an Oregon federal court dismissed a lawsuit alleging that its continuous glucose monitors infringe WaveForm patents.

Wilsonville, Ore.-based WaveForm sued Dexcom in March 2016, alleging infringement of a trio of patents covering a compound material analyte sensor and an indwelling analyte sensor by Dexcom’s G4 and G5 CGMs, according to documents filed in the U.S. District Court for Oregon. In January the companies agreed to drop the indwelling sensor patent from the suit, after the U.S. Patent Trial & Appeal Board found the claims at issue in the lawsuit to be unpatentable.

Dexcom moved for summary judgment on the remaining two patents, asking Judge Michael Mosman to invalidate them for indefiniteness. Mosman approved that motion August 23, dismissing the case with prejudice, according to the documents.

“We are extremely pleased by the court’s ruling that Dexcom’s innovative and important technology helping people with diabetes is not in violation of WaveForm’s patents and that the patents should never have been granted in the first place,” general counsel Patrick Murphy said in prepared remarks. “This case and outcome demonstrate Dexcom’s commitment to defend itself against meritless infringement allegations.”

San Diego-based Dexcom came out on the losing end of another case, after it sued Salem, N.H.-based AgaMatrix in August 2016 in the U.S. District Court for Central California. That suit alleged infringement of a patent covering “Systems and Methods for Improving Electrochemical Analyte Sensors,” according to court documents.

In February 2018 Judge James Otero entered a judgment on non-infringement, prompting Dexcom to appeal to the U.S. Court of Appeals for the Federal Circuit, which upheld the lower court in March, according to the documents.