Unified Patent Court
The Hague - Local Division
Einheitliches Patentgericht
Juridiction unifiee du brevet
UPC_CFI_424/2023
Procedural order
of the Court of First Instance of the Unified Patent Court
delivered on 9 February 2024
Date of receipt of Statement of claim: 16/11/2023
| Dexcom Inc. | Statement | (Defendant) - | of claim | 6340 | served on | 30/11/2023 |
|---|---|---|---|---|---|---|
| Sequence Drive | CA | 92121-4356 - | San Diego - | US | ||
| Dexcom International | Statement | (Defendant) - | of claim | served on | 20/12/2023 | |
| Limited | 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
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
Both represented by Tjibbe Douma
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 SPC National 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
STATEMENT OF THE FORMS OF ORDER SOUGHT BY THE PARTIES [OPTIONAL]
Abbott requests alignment of the dates for the SoD, as now they diverge for both defendants due to different service dates. Dexcom has let the court know that parties have reached an agreement that the SoD by both defendants will be handed in on 14 March, with the terms thereafter amended accordingly. The court sees no reason to diverge from this agreement.
ORDER
- Both defendants will file their SoD on 14 March 2024;
- The terms for reply and rejoinder will be adjusted accordingly.
INFORMATION ABOUT APPEAL
No appeal possible
INFORMATION ABOUT COSTS AND DAMAGES
No costs involved.
ORDER DETAILS
Order in ACTION NUMBER: ACT_586899/2023
UPC number: UPC_CFI_424/2023
Action type: Infringement Action
Related proceeding no. Application No.: 1995/2024
Application Type: Generic procedural Application
Issued on 9 February 2024 by E.F. Brinkman, Judge-rapporteur.