UPC_APP_53731/2024

Paris Local Division dismissed Abbott's application under Rule 263 RoP for leave to amend its defence/case to include the newly released LibreLinkUp app version 4.12.0, in DexCom's infringement action concerning EP 3 831 282. While the first condition (amendment could not have been made earlier) was met, the second condition was not: granting the amendment would unreasonably hinder DexCom's preparation for the oral hearing scheduled in 10 days. Abbott retains the option to bring a separate action for non-infringement regarding the new product.