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We represent Abbott Diabetes Care Inc. (“Abbott”) in connection with its FreeStyle Libre products and Sensor Abstraction Service (“SAS”) computer program that is contained in them. As you may be aware, Abbott is a global leader in diabetes care, providing innovative glucose monitoring solutions, including software, hardware, and digital solutions for consistent and accurate glucose monitoring. Abbott owns all intellectual property rights in and to these technologies, including its copyrights, trademarks, and trade secrets.
It has come to our attention that a software project titled “LibreOOPAlgorithm” has been uploaded to GitHub, Inc.’s (“GitHub”) website and provides unauthorized copies of LibreLink version 1.4.1 (the “Unauthorized Software”). The infringing portion of the Unauthorized Software is available at the following online locations:
https://github.com/tzachi-dar/LibreOOPAlgorithm/blob/master/scripts/download_apk.sh and https://github.com/tzachi-dar/LibreOOPAlgorithm/blob/master/scripts/DownloadApk.js.
As the code available at these locations is used to violate Abbott’s copyrights under United States federal law, we demand that you remove and disable access to it at these locations and any other locations contained on GitHub’s servers. We also note that this code violates GitHub’s Terms of Service, which state that users “must not violate any applicable laws, including copyright” and that users must “not under any circumstances upload, post, host, or transmit any content that . . . infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.”
I have a good faith belief that the use described above is not authorized by Abbott, its agent, or the law (including the fair use doctrine). I swear, under penalty of perjury, that the information in this letter is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also have read and understand GitHub's Guide to Filing a DMCA Notice. Thank you for your anticipated cooperation.
Nothing contained in this letter is intended as or should be construed to be a waiver of any right or remedy held by Abbott, all of which are expressly reserved.
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KIRKLAND & ELLIS LLP
601 Lexington Avenue, New York, NY 10022
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