Court of appeal highlights importance of consistent claim construction (Abbott v Dexcom)
IP analysis: The Court of Appeal allowed Abbott’s appeal and overturned the revocation of its European (UK) Patent for a continuous glucose monitoring (CGM) device, finding that the High Court judge had misapplied the Pozzoli inventive step test by firstly construing the claims in a certain way, and then using a different construction when deciding obviousness. Dexcom had not provided evidence of obviousness in relation to the original construction. While the case does not change inventive‑step law, it highlights the importance of consistent claim construction and avoiding conflation of prior‑art embodiments. It also illustrates strategic considerations in high‑value markets, the risks posed by delayed judgments, and the Comptroller’s role in unopposed appeals. Written by Chris Burnett, partner–Patent Attorney at Knights.