`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Peter McAndrews
`Director_PTABDecision_Review
`Dexcom-AbbottIPRs@klarquist.com; IPR2023-01409
`DexCom, Inc. v. Abbott Diabetes Care Inc., IPR2023-01409
`Monday, April 29, 2024 6:09:02 PM
`McAndrews-Logo_b981f23b-af61-4e79-9eb1-f721417fba3e.PNG
`IPR2023-01409 - Patent Owner"s Petition for Director Review (Paper 12).pdf
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Director Vidal:
`
`Pursuant to the Revised Interim Director Review Process, Patent Owner Abbott Diabetes Care, Inc.
`(“Abbott”) seeks Director review of the Board’s Institution Decision (Paper 10) in Inter Partes Review
`No. IPR2023-01409. A copy of the request is attached.
`
`Director review is appropriate both because the panel abused its discretion in instituting and the
`issue is an important issue of law and policy. Specifically, Director review is needed to correct a
`misapplication of Advanced Bionics and clarify a split among panels as to whether, under 35 U.S.C. §
`325(d), petitioners must affirmatively demonstrate material Office error when re-raising art that was
`already before the Office, or whether a panel may infer such error by the Office based on the
`petitioned grounds. Because Petitioner here failed to even attempt to show any material error by
`the Office, the Director should vacate the institution decision and deny institution. Director review
`will not only correct this error but further promote certainty among petitioners, patent owners, and
`panels and ensure compliance with Advanced Bionics and 35 U.S.C. § 325(d).
`
`Respectfully submitted,
`Peter McAndrews
`
`Peter McAndrews
`Shareholder / Attorney at Law
`McAndrews, Held & Malloy, Ltd.
`500 W. Madison St., 34th floor | Chicago, IL 60661
`P: 312-775-8000
`
`pmcandrews@mcandrews-ip.com
`bio | v-card | website
`
`CONFIDENTIALITY NOTICE:
`This material is intended for the named recipient and, unless otherwise expressly
`indicated, is confidential and privileged information. Any dissemination,
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`in error, please notify the sender by replying to this message and then deleting it
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`
`IPR2023-01409
`Ex.3100
`
`
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