Jurisdiction(s):
United Kingdom

Abbott v Dexcom: EWCA restores patent; emphasises consistent claim construction in inventive step/obviousness, avoids conflating embodiments, criticises judgment delay, and addresses Comptroller’s role in unopposed appeals

Published on: 28 January 2026

Published by a LexisNexis IP expert

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Article summary

Abbott Diabetes Care Inc and others v Dexcom Inc and others [2025] EWCA Civ 1633

What are the practical implications of this case?

This decision adds little to the law on inventive step, yet it does spotlight several best‑practice lessons. The court applied the orthodox Pozzoli framework. The appeal succeeded because the judge did not apply their own construction of the claims, and there was no evidence showing that a specific embodiment could render the invention obvious. Taken together, these points emphasise that parties should:

Settle claim construction carefully at the outset
Advance alternative obviousness lines where appropriate
Avoid blending distinct embodiments within a prior art disclosure

Secondly, although the dispute had settled, Abbott still pursued an appeal against revocation of its patent. With the CGM market valued at many billions of pounds, safeguarding and enforcing its rights—and weighing whether to challenge adverse outcomes—was a significant commercial judgment. The High Court delivered its judgment after more than 14 months...

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