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Arbmetrics, LLC v. Dexcom Inc.

20-1510

Overview

Case Number 20-1510

Filing Date 2020-02-26

Status Terminated

Termination Date 2020-12-31

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Qst.)

Cause of Action 35:271 Patent Infringement

Parties

Defendant - Appellee

DEXCOM, INC.

Represented By

3 Attorneys Listed

Stuart Eric Pollack

Kilpatrick Townsend & Stockton LLP

1114 Avenue of the Americas, 21st Floor

Stanley Joseph Panikowski, III, -

DLA Piper LLP (US)

4365 Executive Drive, Suite 1100

Richard T. Mulloy, Attorney

DLA Piper LLP (US)

4365 Executive Drive, Suite 1100

Plaintiff - Appellant

ARBMETRICS, LLC

Represented By

2 Attorneys Listed

Joseph Paul Oldaker

Nelson Bumgardner Albritton P.C.

15020 South Ravinia Avenue, Suite 29

Timothy Edward Grochocinski, Counsel

Nelson Bumgardner Conroy PC

Suite 340, 745 McClintock Road

Court & Judges

Court

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Appeal docketed. Received: 02/10/2020. [674377]Entry of Appearance is due 03/11/2020. Certificate of Interest is due on 03/11/2020. Docketing Statement is due 03/11/2020. Appellant's brief is due 04/27/2020. [LMN] [Entered: 02/26/2020 01:43 PM]

2020-02-26

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Entry of appearance for Timothy E. Grochocinski as principal counsel for Appellant Arbmetrics, LLC. Service: 03/04/2020 by email. [676331] [20-1510] [Timothy Grochocinski] [Entered: 03/04/2020 03:27 PM]

2020-03-04

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Certificate of Interest for Appellant Arbmetrics, LLC. Service: 03/04/2020 by email. [676332] [20-1510] This document is non-compliant. See Doc No. [6] [Timothy Grochocinski] [Entered: 03/04/2020 03:28 PM]

2020-03-04

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Docketing Statement for the Appellant Arbmetrics, LLC. Service: 03/04/2020 by email. [676335] [20-1510] This document is non-compliant. See Doc No. [6] [Timothy Grochocinski] [Entered: 03/04/2020 03:30 PM]

2020-03-04

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Entry of appearance for Joseph P. Oldaker as of counsel for Appellant Arbmetrics, LLC. Service: 03/04/2020 by email. [676337] [20-1510] [Joseph Oldaker] [Entered: 03/04/2020 03:35 PM]

2020-03-04

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NOTICE OF NON-COMPLIANCE: The submission of Appellant Arbmetrics, LLC, Certificate of Interest and Docketing Statement [3], [4], is not in compliance with the rules of this court (see attached). Compliant documents are due on 03/13/2020. Service as of this date by the Clerk of Court. [676799] [LMN] [Entered: 03/06/2020 09:13 AM]

2020-03-06

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Corrected Certificate of Interest for Appellant Arbmetrics, LLC. Service: 03/06/2020 by email. [676931] [20-1510] [Timothy Grochocinski] [Entered: 03/06/2020 11:53 AM]

2020-03-06

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Corrected Docketing Statement for the Appellant Arbmetrics, LLC. Service: 03/06/2020 by email. [676932] [20-1510] [Timothy Grochocinski] [Entered: 03/06/2020 11:55 AM]

2020-03-06

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Entry of appearance for Richard T. Mulloy as principal counsel for Appellee Dexcom Inc.. Service: 03/11/2020 by email. [677962] [20-1510] [Richard Mulloy] [Entered: 03/11/2020 03:19 PM]

2020-03-11

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Certificate of Interest for Appellee Dexcom Inc.. Service: 03/11/2020 by email. [677963] [20-1510] [Richard Mulloy] [Entered: 03/11/2020 03:22 PM]

2020-03-11

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Docketing Statement for the Appellee Dexcom Inc.. Service: 03/11/2020 by email. [677968] [20-1510] [Richard Mulloy] [Entered: 03/11/2020 03:25 PM]

2020-03-11

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Entry of appearance for Stanley J. Panikowski as of counsel for Appellee Dexcom Inc.. Service: 03/11/2020 by email. [677969] [20-1510] [Stanley Panikowski] [Entered: 03/11/2020 03:28 PM]

2020-03-11

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Entry of appearance for Stuart E. Pollack as of counsel for Appellee Dexcom Inc.. Service: 03/11/2020 by email. [678016] [20-1510] [Stuart Pollack] [Entered: 03/11/2020 04:36 PM]

2020-03-11

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FILED from Appellant Arbmetrics, LLC. Title: OPENING BRIEF. Service: 04/27/2020 by email. [690159] [20-1510] This document is non-compliant. See Doc No.[15] [Timothy Grochocinski] [Entered: 04/27/2020 12:18 PM]

2020-04-27

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NOTICE OF NON-COMPLIANCE: The submission of Appellant Arbmetrics, LLC, Opening Brief [14], is not in compliance with the rules of this court (see attached). Compliant document is due on 05/18/2020. Service as of this date by the Clerk of Court. [693465] [LMN] [Entered: 05/11/2020 11:26 AM]

2020-05-11

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FILED from Appellant Arbmetrics, LLC. Title: CORRECTED OPENING BRIEF. Service: 05/11/2020 by email. [693478] [20-1510] This document is non-compliant. See Doc No. [19] [Timothy Grochocinski] [Entered: 05/11/2020 11:45 AM]

2020-05-11

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MOTION of Appellee Dexcom Inc. to extend the time to 07/08/2020 to file the June 8, 2020. [Consent: unopposed]. Service: 05/20/2020 by email. [695956] [20-1510] [Richard Mulloy] [Entered: 05/20/2020 02:54 PM]

2020-05-20

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TEXT ONLY ORDER granting motion to extend time to file brief [17] filed by Appellee Dexcom Inc. The response brief is due 07/08/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [696687] [CAB] [Entered: 05/22/2020 04:53 PM]

2020-05-22

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NOTICE OF NON-COMPLIANCE: The submission of Appellant Arbmetrics, LLC, Brief of Plaintiff-Appellant Arbmetrics, LLC) [16], is not in compliance with the rules of this court (see attached). Compliant document due on 06/01/2020. Service as of this date by the Clerk of Court. [696689] [CAB] [Entered: 05/22/2020 04:58 PM]

2020-05-22

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MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellant Arbmetrics, LLC. Number of Pages: 45. Service: 05/26/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the original version of this brief. See Fed. Cir. R. 31. [696838] --[Edited 06/01/2020 by JAL - Compliance review complete] [Timothy Grochocinski] [Entered: 05/26/2020 12:04 PM]

2020-05-26

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REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a) and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [698298] [JAL] [Entered: 06/01/2020 02:33 PM]

2020-06-01

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MODIFIED ENTRY: RESPONSE BRIEF FILED for Appellee Dexcom Inc. Number of Pages: 64. Service: 07/08/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [706231] --[Edited 07/09/2020 by LMN - compliance review complete] [Richard Mulloy] [Entered: 07/08/2020 08:35 PM]

2020-07-08

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MOTION of Timothy E. Grochocinski Appellant Arbmetrics, LLC to extend the time to 08/28/2020 to file the Appellant's Reply Brief. [Consent: unopposed]. Service: 07/15/2020 by email. [707761] [20-1510] [Timothy Grochocinski] [Entered: 07/15/2020 01:02 PM]

2020-07-15

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TEXT ONLY ORDER granting motion to extend time to file brief [23] filed by Appellant Arbmetrics, LLC. The reply brief is due 08/28/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [707789] [LMN] [Entered: 07/15/2020 02:24 PM]

2020-07-15

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MODIFIED ENTRY: REPLY BRIEF FILED for Appellant Arbmetrics, LLC. Number of Pages: 28. Service: 08/28/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [718240] --[Edited 08/28/2020 by LMN - compliance review complete] [Timothy Grochocinski] [Entered: 08/28/2020 11:47 AM]

2020-08-28

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MODIFIED ENTRY: APPENDIX FILED for Appellant Arbmetrics, LLC. Number of Pages: 604. Service: 09/04/2020 by email. [719623] --[Edited 09/17/2020 by LMN - compliance review complete] [Timothy Grochocinski] [Entered: 09/04/2020 11:41 AM]

2020-09-04

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Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Arbmetrics, LLC. Service: 09/04/2020 by email. [719643] [20-1510] [Timothy Grochocinski] [Entered: 09/04/2020 12:09 PM]

2020-09-04

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Notice from Appellant Arbmetrics, LLC Compliance With Rule 25.1. Service: 09/04/2020 by email. [719646] [20-1510] [Timothy Grochocinski] [Entered: 09/04/2020 12:12 PM]

2020-09-04

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Notice from Appellee Dexcom Inc. Statement of Compliance With Rule 25.1. Service: 09/04/2020 by email. [719858] [20-1510] [Richard Mulloy] [Entered: 09/04/2020 07:00 PM]

2020-09-04

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Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [722341] [LMN] [Entered: 09/17/2020 08:44 AM]

2020-09-17

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Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before October 1, 2020. See Administrative Order No. 20-01 (Mar. 20, 2020). [722344] [LMN] [Entered: 09/17/2020 08:47 AM]

2020-09-17

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6 paper copies of Doc. Nos. [20], [25], [26] received from Arbmetrics, LLC. [730394] [MJL] [Entered: 10/20/2020 07:07 PM]

2020-09-22

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Notice from Appellant Arbmetrics, LLC regarding conflicts with oral argument. Service: 09/23/2020 by email. [723907] [20-1510] [Timothy Grochocinski] [Entered: 09/23/2020 10:28 AM]

2020-09-23

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The following conflict dates submitted by Timothy Edward Grochocinski for Arbmetrics, LLC have been accepted by the court: 02/04/2021, 02/05/2021. [723936] [JAB] [Entered: 09/23/2020 11:25 AM]

2020-09-23

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Notice from Appellee Dexcom Inc. regarding conflicts with oral argument. Service: 09/24/2020 by email. [724305] [20-1510] [Richard Mulloy] [Entered: 09/24/2020 03:22 PM]

2020-09-24

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The following conflict dates submitted by Richard T. Mulloy for Dexcom Inc. have been accepted by the court: 01/04/2021, 01/05/2021, 01/06/2021, 01/07/2021, 01/08/2021. [724307] [JAB] [Entered: 09/24/2020 03:43 PM]

2020-09-24

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6 paper copies of Doc. No. [22] received from Dexcom Inc. [730396] [MJL] [Entered: 10/20/2020 07:08 PM]

2020-09-28

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NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2012L. Case scheduled December 10, 2020. Response to Notice of Oral Argument due: 11/16/2020. The Clerk's Office will provide additional instructions to counsel at least one week ahead of argument. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [730637] [JAB] [Entered: 10/21/2020 03:15 PM]

2020-10-21

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Response to notice of oral argument from Appellant Arbmetrics, LLC. Service: 10/22/2020 by email. [730812] [20-1510] [Timothy Grochocinski] [Entered: 10/22/2020 01:01 PM]

2020-10-22

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Response to notice of oral argument from Appellee Dexcom Inc.. Service: 11/16/2020 by email. [735977] [20-1510] [Richard Mulloy] [Entered: 11/16/2020 04:12 PM]

2020-11-16

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Clerk's letter to Appellant Arbmetrics, LLC and Appellee Dexcom Inc. regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [736932] [JAB] [Entered: 11/19/2020 12:20 PM]

2020-11-19

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Submitted after ORAL ARGUMENT to Panel: Wallach, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge.Arguing counsel: Timothy Edward Grochocinski for Arbmetrics, LLC and Richard T. Mulloy for Dexcom Inc.Oral Argument Audio available here. [741795] [JAB] [Entered: 12/10/2020 11:28 AM]

2020-12-10

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OPINION filed for the court by Wallach, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Nonprecedential Opinion. [746164] [MJL] [Entered: 12/31/2020 09:44 AM]

2020-12-31

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JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [746165] [MJL] [Entered: 12/31/2020 09:45 AM]

2020-12-31

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Mandate issued to the United States District Court for the Southern District of California. Service as of this date by the Clerk of Court. [754550] [JCP] [Entered: 02/08/2021 03:22 PM]

2021-02-08

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Arbmetrics, LLC v. Dexcom Inc.

Overview

Parties

Defendant - Appellee

DEXCOM, INC. Follow

Represented By

Plaintiff - Appellant

ARBMETRICS, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 02/10/2020. [674377]Entry of Appearance is due 03/11/2020. Certificate of Interest is due on 03/11/2020. Docketing Statement is due 03/11/2020. Appellant's brief is due 04/27/2020. [LMN] [Entered: 02/26/2020 01:43 PM]

Entry of appearance for Timothy E. Grochocinski as principal counsel for Appellant Arbmetrics, LLC. Service: 03/04/2020 by email. [676331] [20-1510] [Timothy Grochocinski] [Entered: 03/04/2020 03:27 PM]

Certificate of Interest for Appellant Arbmetrics, LLC. Service: 03/04/2020 by email. [676332] [20-1510] This document is non-compliant. See Doc No. [6] [Timothy Grochocinski] [Entered: 03/04/2020 03:28 PM]

Docketing Statement for the Appellant Arbmetrics, LLC. Service: 03/04/2020 by email. [676335] [20-1510] This document is non-compliant. See Doc No. [6] [Timothy Grochocinski] [Entered: 03/04/2020 03:30 PM]

Entry of appearance for Joseph P. Oldaker as of counsel for Appellant Arbmetrics, LLC. Service: 03/04/2020 by email. [676337] [20-1510] [Joseph Oldaker] [Entered: 03/04/2020 03:35 PM]

Corrected Certificate of Interest for Appellant Arbmetrics, LLC. Service: 03/06/2020 by email. [676931] [20-1510] [Timothy Grochocinski] [Entered: 03/06/2020 11:53 AM]

Corrected Docketing Statement for the Appellant Arbmetrics, LLC. Service: 03/06/2020 by email. [676932] [20-1510] [Timothy Grochocinski] [Entered: 03/06/2020 11:55 AM]

Entry of appearance for Richard T. Mulloy as principal counsel for Appellee Dexcom Inc.. Service: 03/11/2020 by email. [677962] [20-1510] [Richard Mulloy] [Entered: 03/11/2020 03:19 PM]

Certificate of Interest for Appellee Dexcom Inc.. Service: 03/11/2020 by email. [677963] [20-1510] [Richard Mulloy] [Entered: 03/11/2020 03:22 PM]

Docketing Statement for the Appellee Dexcom Inc.. Service: 03/11/2020 by email. [677968] [20-1510] [Richard Mulloy] [Entered: 03/11/2020 03:25 PM]

Entry of appearance for Stanley J. Panikowski as of counsel for Appellee Dexcom Inc.. Service: 03/11/2020 by email. [677969] [20-1510] [Stanley Panikowski] [Entered: 03/11/2020 03:28 PM]

Entry of appearance for Stuart E. Pollack as of counsel for Appellee Dexcom Inc.. Service: 03/11/2020 by email. [678016] [20-1510] [Stuart Pollack] [Entered: 03/11/2020 04:36 PM]

FILED from Appellant Arbmetrics, LLC. Title: OPENING BRIEF. Service: 04/27/2020 by email. [690159] [20-1510] This document is non-compliant. See Doc No.[15] [Timothy Grochocinski] [Entered: 04/27/2020 12:18 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant Arbmetrics, LLC, Opening Brief [14], is not in compliance with the rules of this court (see attached). Compliant document is due on 05/18/2020. Service as of this date by the Clerk of Court. [693465] [LMN] [Entered: 05/11/2020 11:26 AM]

FILED from Appellant Arbmetrics, LLC. Title: CORRECTED OPENING BRIEF. Service: 05/11/2020 by email. [693478] [20-1510] This document is non-compliant. See Doc No. [19] [Timothy Grochocinski] [Entered: 05/11/2020 11:45 AM]

MOTION of Appellee Dexcom Inc. to extend the time to 07/08/2020 to file the June 8, 2020. [Consent: unopposed]. Service: 05/20/2020 by email. [695956] [20-1510] [Richard Mulloy] [Entered: 05/20/2020 02:54 PM]

MOTION of Timothy E. Grochocinski Appellant Arbmetrics, LLC to extend the time to 08/28/2020 to file the Appellant's Reply Brief. [Consent: unopposed]. Service: 07/15/2020 by email. [707761] [20-1510] [Timothy Grochocinski] [Entered: 07/15/2020 01:02 PM]

MODIFIED ENTRY: APPENDIX FILED for Appellant Arbmetrics, LLC. Number of Pages: 604. Service: 09/04/2020 by email. [719623] --[Edited 09/17/2020 by LMN - compliance review complete] [Timothy Grochocinski] [Entered: 09/04/2020 11:41 AM]

Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Arbmetrics, LLC. Service: 09/04/2020 by email. [719643] [20-1510] [Timothy Grochocinski] [Entered: 09/04/2020 12:09 PM]

Notice from Appellant Arbmetrics, LLC Compliance With Rule 25.1. Service: 09/04/2020 by email. [719646] [20-1510] [Timothy Grochocinski] [Entered: 09/04/2020 12:12 PM]

Notice from Appellee Dexcom Inc. Statement of Compliance With Rule 25.1. Service: 09/04/2020 by email. [719858] [20-1510] [Richard Mulloy] [Entered: 09/04/2020 07:00 PM]

Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before October 1, 2020. See Administrative Order No. 20-01 (Mar. 20, 2020). [722344] [LMN] [Entered: 09/17/2020 08:47 AM]

6 paper copies of Doc. Nos. [20], [25], [26] received from Arbmetrics, LLC. [730394] [MJL] [Entered: 10/20/2020 07:07 PM]

Notice from Appellant Arbmetrics, LLC regarding conflicts with oral argument. Service: 09/23/2020 by email. [723907] [20-1510] [Timothy Grochocinski] [Entered: 09/23/2020 10:28 AM]

The following conflict dates submitted by Timothy Edward Grochocinski for Arbmetrics, LLC have been accepted by the court: 02/04/2021, 02/05/2021. [723936] [JAB] [Entered: 09/23/2020 11:25 AM]

Notice from Appellee Dexcom Inc. regarding conflicts with oral argument. Service: 09/24/2020 by email. [724305] [20-1510] [Richard Mulloy] [Entered: 09/24/2020 03:22 PM]

The following conflict dates submitted by Richard T. Mulloy for Dexcom Inc. have been accepted by the court: 01/04/2021, 01/05/2021, 01/06/2021, 01/07/2021, 01/08/2021. [724307] [JAB] [Entered: 09/24/2020 03:43 PM]

6 paper copies of Doc. No. [22] received from Dexcom Inc. [730396] [MJL] [Entered: 10/20/2020 07:08 PM]

Response to notice of oral argument from Appellant Arbmetrics, LLC. Service: 10/22/2020 by email. [730812] [20-1510] [Timothy Grochocinski] [Entered: 10/22/2020 01:01 PM]

Response to notice of oral argument from Appellee Dexcom Inc.. Service: 11/16/2020 by email. [735977] [20-1510] [Richard Mulloy] [Entered: 11/16/2020 04:12 PM]

Clerk's letter to Appellant Arbmetrics, LLC and Appellee Dexcom Inc. regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [736932] [JAB] [Entered: 11/19/2020 12:20 PM]

Submitted after ORAL ARGUMENT to Panel: Wallach, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge.Arguing counsel: Timothy Edward Grochocinski for Arbmetrics, LLC and Richard T. Mulloy for Dexcom Inc.Oral Argument Audio available here. [741795] [JAB] [Entered: 12/10/2020 11:28 AM]

OPINION filed for the court by Wallach, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Nonprecedential Opinion. [746164] [MJL] [Entered: 12/31/2020 09:44 AM]

JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [746165] [MJL] [Entered: 12/31/2020 09:45 AM]

Mandate issued to the United States District Court for the Southern District of California. Service as of this date by the Clerk of Court. [754550] [JCP] [Entered: 02/08/2021 03:22 PM]

Track Case Updates

DEXCOM, INC.

ARBMETRICS, LLC