ORD_63909/2024

Decision on the merits from the Paris Local Division (UPC_CFI_395/2023) delivered on 11 December 2024 in DexCom's infringement action against Abbott entities concerning EP 3 831 282. The Court found the patent invalid in its entirety — neither as granted nor as amended by auxiliary requests 1, 2 or 3 — due to added subject-matter under Art. 138(1)(c) EPC. The infringement action was dismissed for lack of legal basis. DexCom was ordered to bear Abbott's costs, with the amount to be determined in separate proceedings.