SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of Earliest Event Reported): June 30, 2021
(Exact Name of the Registrant as Specified in Its Charter)
(State or Other Jurisdiction of Incorporation)
|6340 Sequence Drive, San Diego, CA||92121|
|(Address of Principal Executive Offices)||(Zip Code)|
(Registrant’s Telephone Number, Including Area Code)
(Former Name or Former Address, If Changed Since Last Report)
Securities registered pursuant to Section 12(b) of the Act:
Title of Each Class
Name of Each Exchange
on Which Registered
|Common Stock, $0.001 Par Value Per Share||DXCM||Nasdaq Global Select Market|
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2)
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 8.01 Other Events.
On June 30, 2021, DexCom, Inc. (the “Company”) initiated litigation against Abbott Diabetes Care, Inc. (“Abbott”) for infringement of certain of the Company’s patents (the “Litigation”).
Abbott previously sued the Company for patent infringement in United States District Court for the District of Delaware on August 11, 2005 (the “Prior Litigation”). The parties settled the Prior Litigation on July 2, 2014 with a Settlement and License Agreement, which contained a covenant not to sue that expired on March 31, 2021. That covenant has not been extended by the parties. The Company is therefore taking steps to protect and enforce its intellectual property rights. The Litigation alleges that Abbott’s Libre products infringe the Company’s patents covering its proprietary continuous glucose monitoring technology. The Litigation seeks damages and injunctive relief.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
/s/ Patrick M. Murphy
|Patrick M. Murphy|
|Executive Vice President and Chief Legal Officer|
Date: June 30, 2021