Contingencies

3 Months Ended

Mar. 31, 2023

Commitments and Contingencies Disclosure [Abstract]

6. Contingencies

Litigation

We are subject to various claims, complaints and legal actions that arise from time to time in the normal course of business, including commercial insurance, product liability, intellectual property and employment related matters. In addition, from time to time we may bring claims or initiate lawsuits against various third parties with respect to matters arising out of the ordinary course of our business, including commercial and employment related matters.

As of the three months ended March 31, 2023, we and certain Abbott Diabetes Care, Inc. (“Abbott”) entities have previously served complaints for patent infringement, validity and other patent related actions against each other in multiple jurisdictions, inside and outside the United States. In June and July 2021, we initiated patent infringement litigation against Abbott in the United States and in Germany over certain of Abbott's continuous glucose monitoring products. In both the United States and Germany, we seek injunctive relief and monetary damages. In July 2021, Abbott initiated patent infringement litigation against Dexcom in the United States, United Kingdom, and in Germany over certain of Dexcom's continuous glucose monitoring products. Abbott seeks injunctive relief and monetary damages. In response to the suits in the United Kingdom, Dexcom brought infringement counterclaims there. One trial on liability has already been conducted in the United Kingdom, and the parties are awaiting a ruling. In December 2021, Abbott filed a breach of contract suit against Dexcom in the United

States alleging that Dexcom breached the parties' 2014 Settlement and License Agreement. Dexcom’s patent infringement claims in the United States are stayed pending resolution of Abbott’s breach of contract claims. A jury trial on Abbott’s breach of contract claims is set for July 10, 2023. Abbott’s U.S. patent infringement action against Dexcom is currently scheduled for trial on November 5, 2023. In February and March of 2023, Abbott initiated additional patent infringement litigation against Dexcom in both the United States and in Germany. Abbott seeks injunctive relief and monetary damages. Due to uncertainty surrounding patent litigation processes in the U.S. and Europe, we are unable to reasonably estimate the ultimate outcome of any of the litigation matters at this time. Dexcom intends to protect its intellectual property and defend against Abbott’s claims vigorously in all of these actions.

We do not believe we are party to any other currently pending legal proceedings, the outcome of which could have a material adverse effect on our business, financial condition or results of operations. There can be no assurance that existing or future legal proceedings arising in the ordinary course of business or otherwise will not have a material adverse effect on our business, financial condition or results of operations.