DexCom v. Abbott Laboratories: Federal Circuit Affirms US10702193B2 Unpatentable
DexCom, Inc. appealed a patentability ruling against US10702193B2, covering analyte sensing biointerface technology, with Abbott Laboratories as respondent. The Federal Circuit affirmed the finding of unpatentability, closing the appeal after 602 days and leaving DexCom’s patent claim extinguished at this level.
Federal Circuit ends DexCom’s bid to save key CGM biointerface patent
DexCom, Inc. filed appeal No. 24-1291 at the Court of Appeals for the Federal Circuit on 26 December 2023, challenging a prior determination that US10702193B2 — directed to an analyte sensing biointerface — was unpatentable. Abbott Laboratories, Inc., a direct competitor in the continuous glucose monitoring market, was named as respondent. The patent in question, filed under application number US16/742848, covers biointerface technology integral to next-generation analyte sensors.
The Federal Circuit issued its order on 19 August 2025, affirming the lower tribunal’s invalidity or cancellation ruling in full. The single-word disposition — AFFIRMED — signals that the appellate panel identified no reversible legal error in the patentability analysis below. As a result, US10702193B2 is confirmed unpatentable and the claim cancellation stands, leaving DexCom without enforceable rights in this patent at any level reached so far.
A 602-day appellate timeline is broadly consistent with contested patentability appeals at the Federal Circuit, suggesting no unusual procedural delays. What drove the affirmance — claim construction, prior art scope, or written description issues — is not detailed in the public record. Whether DexCom pursues further challenge, such as a petition for en banc rehearing or certiorari, remains to be seen, though the affirmed unpatentability finding substantially raises the bar for any continued assertion of this patent family.
Filing to Unpatentable in 602 days
602 days from filing to Federal Circuit decision — consistent with contested patentability appeals
Federal Circuit affirms unpatentability: what the ruling means for both parties
Affirmance: lower unpatentability finding upheld without reversible error
When the Federal Circuit affirms, it has reviewed the record and legal reasoning of the tribunal below and found no reversible error — whether of law or of clearly erroneous fact-finding. The affirmance here means the cancellation of US10702193B2’s claims survives appellate scrutiny. DexCom exhausted this level of review without dislodging the unpatentability determination.
No reversible error foundDexCom loses enforceable rights in US10702193B2
With the Federal Circuit’s affirmance, DexCom’s analyte sensing biointerface patent is confirmed unpatentable. The patent can no longer be asserted in infringement proceedings based on these claims. DexCom’s near-term IP enforcement options for this specific technology are effectively closed unless it pursues en banc rehearing or, in an extraordinary scenario, Supreme Court certiorari — both carrying very low statistical success rates.
Patent claims cancelledAbbott secures freedom to operate in DexCom’s biointerface space
Abbott Laboratories benefits directly from the affirmed unpatentability ruling. With US10702193B2 cancelled, Abbott faces one fewer enforceable patent barrier in the analyte sensing biointerface segment. The Federal Circuit affirmance strengthens Abbott’s freedom-to-operate position and raises the litigation risk for DexCom should it attempt to assert related patents in this family against Abbott’s CGM products.
FTO position strengthenedCGM biointerface IP landscape shifts in Abbott’s favour
The cancellation of a DexCom analyte sensing biointerface patent — affirmed at the Federal Circuit — signals a meaningful IP landscape shift for continuous glucose monitoring competitors. Other market participants seeking to design or commercialise analyte sensing biointerfaces now face one fewer blocking patent from DexCom. However, DexCom’s broader patent portfolio in CGM remains substantial, suggesting ongoing IP risk for the sector.
CGM patent landscape affectedFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | DexCom, Inc. | Company | Continuous glucose monitoring company — holder of US10702193B2 analyte sensing biointerface patentSearch in Eureka ↗ |
| Defendant | Abbott Laboratories, Inc. | Company | Abbott Laboratories, Inc. — global medical device and diagnostics competitor in the CGM marketSearch in Eureka ↗ |
| Plaintiff counsel | Andrew M. Mason | Attorney | Counsel for DexCom, Inc.Search in Eureka ↗ |
| Plaintiff counsel | John D. Vandenberg | Attorney | Counsel for DexCom, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Sarah Elisabeth Jelsema | Attorney | Counsel for DexCom, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Scott E. Davis | Attorney | Counsel for DexCom, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Klarquist Sarkman LLP | Law Firm | Representing DexCom, Inc.Search in Eureka ↗ |
| Defendant counsel | Eliot Damon Williams | Attorney | Counsel for Abbott Laboratories, Inc.Search in Eureka ↗ |
| Defendant law firm | Baker Botts LLP | Law Firm | Representing Abbott Laboratories, Inc.Search in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Court of Appeals for the Federal CircuitSearch in Eureka ↗ |
Official order — verbatim text
The Federal Circuit’s order — ‘AFFIRMED’ — is a full affirmance of the unpatentability determination below, leaving no aspect of the claim cancellation disturbed. At the appellate level, affirmance requires the panel to find no reversible legal error and no clearly erroneous factual findings in the tribunal’s patentability analysis. For DexCom, this is a terminal outcome at this appellate tier for US10702193B2. For Abbott, it crystallises a clean, court-confirmed freedom-to-operate position against this specific biointerface patent.
US10702193B2 — Analyte sensing biointerface for continuous glucose monitoring
US10702193B2 (application US16/742848) covers an analyte sensing biointerface — a critical component in continuous glucose monitoring (CGM) systems that mediates interaction between an electrochemical sensor and biological tissue. The biointerface layer governs sensor accuracy, biocompatibility, and longevity in implanted or transcutaneous glucose monitoring devices. Patents in this class are foundational to CGM product differentiation, as sensor performance is directly tied to biointerface design.
In the commercially contested CGM market — where DexCom and Abbott’s FreeStyle Libre platform compete directly — biointerface patents represent a key layer of IP protection. The cancellation of US10702193B2, now affirmed at the Federal Circuit, removes one element of DexCom’s enforcement arsenal against Abbott and other CGM manufacturers. For sector participants, this outcome suggests that the prior art landscape in analyte sensing biointerfaces is more crowded than DexCom’s original filing may have anticipated, with implications for how future CGM biointerface patents are drafted and prosecuted.
Should you run an FTO analysis against US10702193B2 and its patent family?
Any company developing, manufacturing, or commercialising continuous glucose monitoring sensors — particularly those incorporating analyte sensing biointerface layers — should assess exposure across DexCom’s broader biointerface patent family. While US10702193B2 has been confirmed unpatentable, continuation applications sharing the same disclosure may yield enforceable claims covering similar or overlapping technology. R&D and product teams working on transcutaneous or implantable analyte sensors face ongoing portfolio-level risk despite this single patent’s cancellation.
PatSnap Eureka’s FTO Search Agent allows IP and R&D teams to map the full US16/742848 patent family, identify related continuation and divisional filings, and benchmark claim scope against your specific product architecture. Eureka’s AI-driven analysis can flag live patent risks within DexCom’s CGM biointerface portfolio and surface the prior art landscape that shaped this Federal Circuit outcome — enabling proactive, evidence-based clearance decisions before product launch.
Run a freedom-to-operate analysis on US10702193B2 to assess your product’s exposure
Run FTO in Eureka →Similar Federal Circuit appeals in continuous glucose monitoring and analyte sensor patents
Cases involving patentability challenges to CGM and analyte sensing biointerface patents at the Federal Circuit, relevant to DexCom v. Abbott Laboratories.
What this case signals for the continuous glucose monitoring IP landscape
A Federal Circuit affirmance of unpatentability in CGM biointerface technology has direct consequences for patent strategy across the wearable analyte sensing sector.
Affirmed cancellation at the Federal Circuit is a near-final outcome for US10702193B2
Parties holding patents in the analyte sensing biointerface space should note that a Federal Circuit affirmance of unpatentability leaves only extraordinary remedies available. DexCom’s enforcement options on this specific patent are effectively exhausted. Competitors and design-around teams can treat this patent as neutralised for practical IP clearance purposes.
Abbott’s CGM freedom-to-operate position is materially strengthened post-affirmance
With US10702193B2 confirmed unpatentable, Abbott and other analyte sensing device makers face reduced blocking patent risk in this specific biointerface space. However, DexCom’s extensive CGM patent portfolio means that FTO clearance across the broader technology stack remains a live concern — a single cancelled patent does not eliminate portfolio-level risk.
DexCom v Abbott — key questions answered
The Federal Circuit affirmed the unpatentability of US10702193B2, a DexCom patent covering an analyte sensing biointerface. The court found no reversible error in the lower tribunal’s invalidity or cancellation determination. The appeal was filed 26 December 2023 and closed 19 August 2025.
US10702193B2 (application US16/742848) is a DexCom patent directed to an analyte sensing biointerface — the layer in continuous glucose monitoring devices that interfaces between an electrochemical sensor and biological tissue. This component is critical to CGM sensor accuracy, biocompatibility, and durability in wearable or implantable devices.
An affirmance of unpatentability at the Federal Circuit confirms that the patent’s claims are cancelled and cannot be enforced. DexCom cannot assert US10702193B2 in infringement proceedings. The only remaining options — en banc rehearing or Supreme Court certiorari — carry extremely low success rates and are considered extraordinary remedies.
Abbott Laboratories’ freedom-to-operate position in analyte sensing biointerface technology is materially strengthened by this ruling. With US10702193B2 confirmed unpatentable, Abbott faces one fewer enforceable DexCom patent barrier. However, DexCom’s broader CGM patent portfolio remains active, and Abbott should continue monitoring related continuation filings for new enforceable claims.
The public record for Case 24-1291 covers only US10702193B2. Patent families in the analyte sensing biointerface space frequently include continuation and divisional applications with overlapping disclosure. DexCom may hold related pending or granted patents that were not subject to this cancellation proceeding. A thorough patent family analysis via the US16/742848 application lineage is recommended to assess residual portfolio risk.
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