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UPC CFI 430/2023

Nov 21, 2023·EP3977921 Unitary patent · ANALYTE SENSOR AND APPARATUS FOR INSERTION OF THE SENSOR

Case details
Status
Case Closed (Withdrawn)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Nordic-Baltic RD
Technology
  • Instruments
    Medical technology
Language
English
First decided
Oct 7, 2024
Last decision
Jan 20, 2025
EPO Opposition
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Nordic-Baltic RDLockedLocked
Judge Stefan JohanssonLockedLocked
Judge Kai HärmandLockedLocked
Judge Pierluigi PerrottiLockedLocked
Judge Renaud Fulconis—Locked

At the UPC: Abbott Group (67 cases)·Dexcom Group (39 cases)

Decisions
  • 2025-01-20
    Application RoP 265Public

    Summary: The Nordic-Baltic Regional Division declared proceedings closed following the mutual withdrawal of Abbott Diabetes Care Inc.'s infringement action and Dexcom's counterclaim for revocation concerning EP 3 977 921. Both parties consented to each other's withdrawal and agreed that no cost decision would be issued.

    Show the legal issues (3)
    • Withdrawal of infringement action and counterclaim for revocation (R. 265 RoP)
    • Mutual consent
    • No costs decision
  • 2024-10-07

    Summary: Nordic-Baltic Regional Division (judge-rapporteur Kai Härmand) preliminary/case management order in Abbott Diabetes Care Inc.'s infringement action against Dexcom Inc. and Dexcom International Limited concerning EP 3 977 921 (a continuous glucose monitoring patent). The order addresses multiple pending applications including Abbott's R. 190 application to communicate information (partially dismissed following Paris LD precedent), Abbott's R. 191 application (found admissible but not justified), Abbott's application to change the statement of claim, Dexcom's request for security for legal costs, and sets procedural deadlines and oral hearing preparation steps.

    Show the legal issues (6)
    • Application to communicate information (R. 191 RoP / Art. 67 UPCA) – admissible but not justified
    • R. 190 RoP evidence order
    • Amendment of statement of claim
    • Security for legal costs
    • Pending EPO opposition proceedings
    • Procedural deadlines and oral hearing preparation
Document titleDatePublic
Case Closure Formal Check2025-04-01Not public
Headnote-and-Keywords2025-04-01Not public
Outcome of the Order2025-01-20Not public
Closing decision2025-01-20Public
Recording document of oral hearing2025-01-09Not public
Recording document of oral hearing2025-01-09Not public
Receipt_physicalExhibit2025-01-09Not public
Confirmation of Receipt2025-01-09Not public
Receipt2024-12-27Not public
Withdrawal of the infringement action - EP 9212024-12-27Not public