Abbott Diabetes Care Inc. et al. vs DexCom, Inc.

Patent Owner Notice of Appeal

Final Written Decision: original

Other: Hearing transcript

Patent Owners Demonstratives

Petitioner's Oral Argument Demonstratives

EXPUNGED

Order: Setting Oral Argument

Petitioner's Updated Mandatory Notices

Petitioner's Updated Exhibit List

Stipulation

Docket Entry 538

Patent Owners Sur-Reply

Patent Owner's Request for Oral Argument

Petitioner's Request for Oral Argument

Patent Owners Updated Mandatory Notices

Petitioner's Reply to Patent Owner's Response

Ex 1027 Tapsak Deposition Transcript (redacted)

Petitioner's Notice of Deposition of Mark A. Tapsak

Notice of Joint Stipulation of Further Change to Due Dates 2 and 3

Petitioner's Objections to Evidence Submitted With Patent Owner's Response

Patent Owners Response Pursuant to 37 C.F.R. 42.120

Transcript of Deposition of John Smith Ph.D., dated January 26, 2023

Excerpt from U.S. Patent Application No. US 2005/0215871

Declaration of Mark A. Tapsak, Ph.D.

U.S. Patent Application No. US 2003/0225361

U.S. Patent Application No. US 2008/0161666

U.S. Patent No. 6,565,509

U.S. Patent No. 6,134,461

John J. Mastrototaro, et al., “An electroenzymatic glucose sensor fabricated on a flexible substrate” Sensors and Actuators B

J. Bruckel, et al., In Vivo Measurement of Subcutaneous Glucose Concentrations with an Enzymatic Glucose Sensor and a Wick Method

U.S. Patent No. 7,323,142

U.S. Application No. 11/404,929

Patent Owners Notice of Deposition of John L. Smith, Ph.D.

Notice of Joint Stipulation to Modify Due Dates 1-3

Petitioner's Objections to Patent Owner's Evidence Submitted with Patent Owner's Preliminary Response

Patent Owners Objections to Petitioners Pre-Institution Exhibits

Institution Decision: Grant

Order: Scheduling Order

Petitioner's Updated Mandatory Notices

Petitioner's Updated Exhibit List

Exhibit 1026 - Amended Scheduling Order

Patent Owner Preliminary Response Pursuant to 37 C.F.R. Section 42.107

Defendants [Redacted] Opening Claim Construction Brief in Dexcom, Inc. v. Abbott Diabetes Care, Inc., et al., Case No. 6:21-cv-00690-ADA, in the Western District of Texas, filed March 23, 2022 as ECF No. 93

Original FIG. 4A of U.S. Patent Application No. 11/007,617

Email from Megan Carlson, Supervisory Paralegal Specialist, Patent Trial and Appeal Board to counsel of record, sent July 7, 2022

Patent Owners Unopposed Motion for Admission Pro Hac Vice of Ryan L. Frei

Patent Owners Unopposed Motion for Admission Pro Hac Vice of Shelby A. Stepper

Patent Owners Exhibit List

Declaration of Ryan L. Frei in Support of Motion for Admission Pro Hac Vice

Declaration of Shelby A. Stepper in Support of Motion for Admission Pro Hac Vice

PETITIONER'S UPDATED MANDATORY NOTICES UNDER 37 C.F.R. �� 42.8(a)(3)

Patent Owners Mandatory Notices Pursuant to 37 CFR 42.8(a)(2)

DexCom, Inc.s Power of Attorney

Notice filing date accorded

U.S. Patent No. 10,702,193 ("'193 Patent")

Prosecution File History of the '193 Patent

Prosecution File History of U.S. Application No. 11/404,929 ("'929 Application") Part 1 of 5

Prosecution File History of U.S. Application No. 11/404,929 ("'929 Application") Part 2 of 5

Prosecution File History of U.S. Application No. 11/404,929 ("'929 Application") Part 3 of 5

Prosecution File History of U.S. Application No. 11/404,929 ("'929 Application") Part 4 of 5

Prosecution File History of U.S. Application No. 11/404,929 ("'929 Application") Part 5 of 5

Prosecution File History of U.S. Application No. 13/285,880 ("'880 Application")

U.S. Provisional Application No. 60/671,622

U.S. Patent Publication No. 2006/0257996 ("'996 Publication")

U.S. Patent Publication No. 2005/0215871 ("Feldman")

U.S. Patent No. 5,322,063 ("Allen")

U.S. Patent Publication No. 2004/0061232 ("Shah")

U.S. Patent Publication No. 2003/0042137 ("Mao")

UK Patent Application GB 2,067,764 ("Dobson")

International Publication No. WO 03/056319 ("Hyland")

John C. Pickup, Glucose Sensors: Present and Future, INTERNATIONAL TEXTBOOK OF DIABETES MELLITUS, 2004 ("Pickup")

U.S. Patent No. 4,721,677 ("Clark")

Excerpt from DexCom's Amended Preliminary Infringement Contentions in WDTX Litigation

Email Chain Between Defendants' Litigation Counsel and DexCom's Litigation Counsel re DexCom's Proposed Constructions in DexCom, Inc. v. Abbott Diabetes Care Inc., No. 6:21-cv-690 (W.D. Tex.) (Mar. 1 - Mar. 10, 2022)

Sybil P. Parker, McGraw-Hill Dictionary of Scientific and Technical Terms (6th ed. 2002)

Declaration of Darrin J. Young, Ph.D., in Support of DexCom's Responsive Claim Construction Brief in DexCom, Inc. v. Abbott Diabetes Care Inc., No. 6:21-cv-690 (W.D. Tex.)

DexCom's Responsive Claim Construction Brief in DexCom, Inc. v. Abbott Diabetes Care Inc., No. 6:21-cv-690 (W.D. Tex.)

Exhibit 38 to DexCom's Responsive Claim Construction Brief in DexCom, Inc. v. Abbott Diabetes Care Inc., No. 6:21-cv-690 (W.D. Tex.)

Email Chain Between Defendants' Litigation Counsel and DexCom's Litigation Counsel re DexCom's Identification of Asserted Claims in DexCom, Inc. v. Abbott Diabetes Care Inc., No. 6:21-cv-690 (W.D. Tex.) (Nov. 30, 2021 - Jan. 5, 2022)

Lex Machina Data on Schedule of Judge Albright in the Western District of Texas

Andrew T. Dufresne, Nathan K. Kelley, & Lori Gordon, How reliable are trial dates relied on by the PTAB in the Fintiv analysis?, PERKINS COIE 1600 PTAB & BEYOND, Oct. 29, 2021

Dani Kass, Fintiv Fails: PTAB Uses "Remarkably Inaccurate" Trial Dates, LAW360, Nov. 2, 2021

Power of Attorney

Expert Declaration of John L. Smith, Ph.D.

Petition for Inter Partes Review of U.S. Patent No. 10,702,193