UPC_APP_67755/2024

Düsseldorf Local Division decision allowing the withdrawal of DexCom's infringement action (including application to amend the patent) and Abbott's counterclaim for revocation by mutual consent (R. 265 RoP). Following an out-of-court settlement, DexCom agreed to withdraw the infringement action and Abbott agreed to withdraw the revocation counterclaim. Neither party requested a costs decision. The oral hearing scheduled for 8 May 2025 was cancelled. Court fees reimbursed: DexCom receives 60% of infringement action fees (EUR 22,200), Abbott receives 60% of revocation counterclaim fees (EUR 12,000).