Unified Patent Court
The Hague - Local Division
Einheitliches Patentgericht
Juridiction unifiee du brevet
UPC_CFI_424/2023
Final Order
of the Court of First Instance of the Unified Patent Court delivered on 22 December 2023
Date of receipt of Statement of claim: Not provided
Defendants
| Dexcom Inc. | Statement of claim served on | 30/11/2023 |
|---|---|---|
| 6340 Sequence Drive - CA 92121-4356 - San Diego - US | ||
| Dexcom International Limited | Statement of claim served on | 20/12/2023 |
| 1 Lampousas Street - 1095 - Nicosia - CY |
REFERENCE CODE ECLI: Not provided
APPLICANT/S
| 1) | Abbott Diabetes Care Inc. | Represented by Eelco Bergsma |
|---|---|---|
| 1360 South Loop Road - CA 94502 - Alameda - US |
RESPONDENT/S
RELEVANT PROCEEDING PARTIES
| 1) | Dexcom Inc. | Statement of claim served on 30/11/2023 |
|---|---|---|
| (Main proceeding party - Not provided) | 6340 Sequence Drive - CA 92121-4356 - San Diego - US | |
| 2) | Dexcom International Limited | Statement of claim served on 20/12/2023 |
| (Main proceeding party - Not provided) | 1 Lampousas Street - 1095 - Nicosia - CY |
PATENT AT ISSUE
| Patent no. | Proprietor/s |
|---|---|
| EP4070727 | Abbott Diabetes Care Inc. |
| No SPC details provided |
Patent no.
SPC details
SPC ID
National Designations
No SPC Holders provided
Patent no. SPC ID National Designations Holders
DECIDING JUDGE
Judge-rapporteur: Edger Brinkman
COMPOSITION OF PANEL – FULL PANEL
Presiding judge: Edger Brinkman
Judge-rapporteur: Edger Brinkman
Legally qualified judge: Pierluigi Perrotti
[Legally qualified judge: Margot Kokke]
[Technically qualified judge: Not provided]
LANGUAGE OF PROCEEDINGS
English
SUBJECT-MATTER OF THE PROCEEDINGS
Infringement proceedings
SUMMARY OF FACTS
Service on Dexcom International Limited by registered letter has not been successful at both addresses provided by the claimant. Abbott suggested in their letter of 14 December 2023, that contains a procedural application re R. 275.1 RoP, to perform an alternative service by use of an authorised process server in Ireland. Abbott now has submitted evidence that effective service has been effected on 20 December 2023 and that hence the SoD is to be filed within 3 months from that date.
GROUNDS FOR THE ORDER
The JR is satisfied by the affidavit provided by Abbott of good service by an Irish process server. This means the court no longer has to decide on the application of Abbott invoking R. 275.1. That application will therefore be denied, and it is ordered that service on defendant 2 (Dexcom International Limited) was properly effected on 20 December 2023. The term for filing the SoD is 3 months after that date.
ORDER
The application to invoke R. 275.1 RoP is denied;
Service on defendant 2 (Dexcom International Limited) was properly effected on 20 December 2023;
The term for filing the SoD is 3 months after that date.
INSTRUCTIONS TO THE PARTIES AND TO THE REGISTRY
The registry should record the proper service on 20 December 2023 in the CMS.
INFORMATION ABOUT APPEAL
No appeal possible
INFORMATION ABOUT COSTS AND DAMAGES
Costs of the service are provisionally to be borne by Abbott but later reimbursable depending on the outcome of the case
Order in ACTION NUMBER:
ACT_586899/2023
UPC number: UPC_CFI_424/2023
Action type: Infringement Action
Related proceeding no. Application No.: 594779/2023
Application Type: Generic procedural Application
Issued on 22 December 2023 by E.F. Brinkman, presiding judge and judge-rapporteur