Oregon Court Rules Patents Asserted Against DexCom Are Invalid For Indefiniteness

Published August 23, 2019

On August 22, 2019, Chief District Judge Michael W. Mosman, United States District Court for the District of Oregon, granted summary judgment declaring indefinite (and thus invalid) all remaining patent claims of two patents asserted against DexCom, Inc., by WaveForm Technologies, Inc., a subsidiary of AgaMatrix, Inc. (Salem, NH). The Court’s ruling ended WaveForm’s lawsuit brought in March 2016 in the District Court, subject to appeal.

In granting DexCom’s motion, the Court applied the more stringent “reasonable certainty” test for patent claim indefiniteness announced by the United States Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc. (2014). (Klarquist successfully represented Nautilus in that case at the Supreme Court.) Chief Judge Mosman found that there were too many unanswered questions about the scope of the patent claims.

DexCom, Inc. develops and markets continuous glucose monitoring systems for use by people with diabetes and by healthcare providers.

DexCom is represented by in-house counsel Kaare Larson, Kellin Chatfield, and Paul Lee; and by Kristin L. Cleveland, Scott E. Davis, Salumeh R. Loesch, Ryan Frei and John D. Vandenberg of KLARQUIST SPARKMAN, LLP.