rapporteur Edger Brinkman LANGUAGE OF PROCEEDINGS
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Dexcom International Limited v.Abbott Diabetes Care Inc.
In a procedural order concerning an infringement action against EP4070727, the UPC granted Dexcom International Limited leave to amend its counterclaim. Dexcom sought a declaration that their G7-System and G7-Receiver did not infringe the patent after Abbott narrowed its initial claims. The court ruled in favor of Dexcom, accepting that they could not have reasonably anticipated Abbott's claim withdrawal at the outset, thereby allowing them to seek legal certainty regarding non-infringement.
Dexcom International Limited v.Abbott Diabetes Care Inc.
In a procedural order concerning an infringement action against Abbott Diabetes Care Inc., the UPC granted Dexcom International Limited leave to amend its counter claim. The amendment sought a declaration that the G7-System and G7-Receiver fall outside the scope of protection of EP 4070727 B1. The court found that Dexcom's timing was reasonable, as they were responding to Abbott's subsequent withdrawal of claims against those specific products, setting a precedent for procedural flexibility in UPC litigation.
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