ORD_63909/2024

REMOTE MONITORING OF ANALYTE MEASUREMENTS

Procedural & sub-applicationsCase Management OrdersParis LDGeneric Order—

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Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
56	inventive step	Binding	Keywords: Admissibility, Added-matter, Inventive step, Auxiliary request, Validity, R. 9.2 RoP, R. 36 RoP, Article 56 EPC, Article 138 (1)(c) EPC.
138	added matter — revocation ground	Binding	claim 1 according to the third auxiliary request extends the subject-matter of the European patent beyond the content of the earlier application as filed (Art. 138(1)(c) EPC) for the same reasons
138	revocation	Binding	the European patent EP'282 is not valid, neither as granted, nor as amended by auxiliary requests 1,2 and 3, and it must be entirely revoked in accordance with Art. 138(1) EPC and Art. 65(2) UPCA.
65	revocation	Binding	and it must be entirely revoked in accordance with Art. 138(1) EPC and Art. 65(2) UPCA.
69	costs — unsuccessful party	Binding	the Court decides in principle that DEXCOM, as the unsuccessful party, is required to bear legal costs in accordance with Art. 69 of the Agreement.

Target	Legal point	Strength	Excerpt
36	further exchanges of pleadings — scope of judge-rapporteur order	Binding	Rule 36 RoP order related to claim interpretation terms but did not authorise defendant to raise new ground for revocation.
9.2	front-loaded procedure — inadmissibility of late grounds	Binding	The additional ground concerning the patent as granted raised in the Rejoinder to the reply to the Statement of Defence is inadmissible pursuant to Rule 9.2 RoP.
118.5	costs decision	Binding	Pursuant to Rule 118.5 RoP, the Court decides in principle that DEXCOM, as the unsuccessful party, is required to bear legal costs in accordance with Art. 69 of the Agreement.

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