Opinion
2024-1325 2024-1376
10-08-2024
DEXCOM, INC., Appellant v. ABBOTT DIABETES CARE, INC., Appellee ABBOTT DIABETES CARE, INC., Appellant v. DEXCOM, INC., Appellee
This order is nonprecedential.
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2022-00909.
On Motion
ORDER
The parties file a joint stipulation of voluntary dismissal pursuant to Federal Rule of Appellate Procedure 42(b) in Appeal No. 2024-1376 wherein they agree that each party shall bear its own costs. DexCom Inc. moves unopposed for an extension of time, until November 29, 2024, to file its reply brief in Appeal No. 2024-1325.
The court notes that November 29, 2024 is a legal holiday, see Fed. Cir. R. 26(a)(1).
Upon consideration thereof, IT IS ORDERED THAT:
(1) Appeal Nos. 2024-1325 and 2024-1376 are deconsolidated and the revised official captions are reflected in this order.
(2) Appeal No. 2024-1376 is dismissed. See Fed. R. App. P. 42(b)(1). Each party shall bear its own costs regarding Appeal No. 2024-1376.
(3) The motion to extend time in Appeal No. 2024-1325 is granted to the extent that DexCom's reply brief is due no later than December 2, 2024. No further extensions of time for the reply brief should be anticipated.
(4) The Clerk of Court shall transmit a copy of this order to the merits panel assigned to Appeal No. 2024-1325.