On September 18, 2017, Dexcom, Inc. of San Diego, California (“Dexcom”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that AgaMatrix, Inc. of Salem, New Hampshire (“AgaMatrix”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain electrochemical glucose monitoring systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,724,045 (the ’045 patent) and 9,750,460 (the ’460 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to electrochemical glucose monitoring technology. In particular, the complaint states that the asserted patents teach a method and apparatus for addressing and correcting for unwanted signal errors in glucose data streams, thereby improving the accuracy of glucose measurement.
In the complaint, Dexcom states that AgaMatrix imports and sells products that infringe the asserted patents. The complaint specifically refers to various AgaMatrix electrochemical glucose monitoring systems and components thereof as infringing products.
Regarding domestic industry, Dexcom states that its own electrochemical glucose monitoring systems and components practice claims of the asserted patents. Dexcom further states that it has made significant investments to operate offices, research and development facilities, and manufacturing facilities in California, Oregon, Florida, and Arizona.
As to related litigation, Dexcom states that AgaMatrix previously sued Dexcom for patent infringement in the U.S. District Court for the District of Oregon and that such district court litigation is presently stayed pending three inter partes review (IPR) proceedings requested by Dexcom as to the patents asserted by AgaMatrix against Dexcom. Dexcom further states that it is engaged in a litigation against AgaMatrix in the U.S. District Court for the Central District of California, where Dexcom is asserting that AgaMatrix is infringing a patent unrelated to the patents asserted in the instant ITC complaint. Lastly, Dexcom states that on September 15, 2017, it filed a complaint against AgaMatrix in the U.S. District Court for the District of Delaware alleging infringement of the asserted patents.
With respect to potential remedy, Dexcom requests that the Commission issue a limited exclusion order and a permanent cease and desist order directed at AgaMatrix and related entities.