UPC APP 53731/2024

—·EP3831282: REMOTE MONITORING OF ANALYTE MEASUREMENTS

Case details: Status
—
Action
Procedural application
Category
Case Management Orders
Parties: Claimants
DexCom, Inc.
Reps: Anne-Charlotte le Bihan
Respondents
Abbott Logistics B.V.
Abbott Diagnostics GmbH
Abbott France
Abbott Oy
Abbott Diabetes Care Inc.
Newyu, Inc.
Abbott Laboratories
Abbott Laboratories A/S
Abbott Scandinavia Aktiebolag
Abbott
Abbott GmbH
Abbott Gesellschaft m.b.H.
Abbott s.r.l.
Abbott B.V.
Reps: Christian Dekoninck
Division: Paris LD
Judges: Camille Lignieres · Presiding judge and judge-rapporteur
Technology: Healthcare Informatics
Language: —
First decided: Oct 11, 2024

Decisions

2024-10-11
Amend Document
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.
Legal issues:Leave to amend case under Rule 263 RoPTiming of amendment in relation to oral hearingUnreasonable hindrance of the opposing partyCommercial sensitivity of new product launch

Documents