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UPC CFI 499/2023
Jan 2, 2024·EP4026488 Unitary patent · TRANSCUTANEOUS ANALYTE SENSOR SYSTEMS AND METHODS
- Case details
- StatusCase Closed (Withdrawn)ActionInfringementCategoryMain infringement action
- Parties
- Respondents
- Abbott Diabetes Care Inc.Operating co.
Representatives- Dietrich Burkhard Kamlah-Taylor Wessing
- Division
- Dusseldorf LD
- Technology
- InstrumentsMedical technology
- Language
- English
- EPO Opposition
- Abbott Diabetes Care Inc.Withdrawn2024-04-18
- Abbott GmbHWithdrawn2024-04-19
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 found | Median days to first decision | |
|---|---|---|
| All UPC | 53% (62/117) | 124 |
| Dusseldorf LD | Locked | Locked |
| Judge Ronny Thomas | Locked | Locked |
| Judge Berenice Thom | Locked | Locked |
| Judge Petri Rinkinen | Locked | Locked |
| Judge Claus Elmeros | — | Locked |
At the UPC: Dexcom Group (39 cases)·Abbott Group (67 cases)
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Related cases
All proceedings on this patentThis dispute contains 2 other proceedings
1 other defendants litigating the same or a related patent
Start a free trial to see how each one ended.
More cases: Dusseldorf LD·2023
Decisions
- 2024-11-21
Summary: The Düsseldorf Local Division issued a procedural order in the DexCom v. Abbott infringement action concerning EP 4 026 488, taking an early decision pursuant to R. 37.2 RoP on how to proceed under Art. 33(3) UPCA (bifurcation or combined hearing of infringement and validity). The court exercised its discretion to hear both the infringement action and any counterclaim for revocation together.
Show the legal issues (3)
- Early decision on Art. 33(3) UPCA bifurcation (R. 37.2 RoP)
- Combined hearing of infringement and revocation
- Jurisdiction and case management in large multi-party infringement actions
Documents
| Document title | Date | Public |
|---|---|---|
| Case Closure Formal Check | 2025-03-27 | Not public |
| Outcome of the Order | 2025-01-07 | Not public |
| Closure of the workflow | 2025-01-07 | Public |
| Headnote-and-Keywords | 2025-01-07 | Not public |
| Outcome of the Order | 2025-01-07 | Not public |
| R. 265 RoP decision | 2025-01-07 | Public |
| Consent to Withdrawal of Infringement Action and Application to Amend and Partial Reimbursement of Court of Fees | 2024-12-27 | Not public |
| Consent to Withdrawal of Infringement Action and Application to Amend and Partial Reimbursement of Court of Fees | 2024-12-27 | Not public |
| Opportunity to comment | 2024-12-27 | Not public |
| Opportunity to comment | 2024-12-27 | Not public |
| Receipt | 2024-12-27 | Not public |
| Application | 2024-12-27 | Not public |
| Receipt | 2024-12-27 | Not public |
| Withdrawal | 2024-12-27 | Not public |
| Template-Order | 2024-12-20 | Not public |
| Opportunity to comment | 2024-12-20 | Not public |
| Receipt | 2024-12-20 | Not public |
| Motion for Deadline Extension Rejoinder-Application to Amend | 2024-12-20 | Not public |
| Hearing-Dates | 2024-11-25 | Not public |
| R. 28 RoP Order | 2024-11-25 | Public |
| Panel-Appointment | 2024-11-25 | Not public |
| Headnote-and-Keywords | 2024-11-21 | Not public |
| R. 37.2 RoP Order | 2024-11-21 | Public |
| Statement | 2024-11-14 | Not public |
| Comments on Art. 33(3)(a) UPCA | 2024-11-13 | Not public |
| R. 37.2 RoP Order | 2024-10-31 | Not public |
| Acknowledgement-of-lodging | 2024-10-23 | Not public |
| Exhibit TW 08a | 2024-10-23 | Not public |
| Exhibit TW 10 | 2024-10-23 | Not public |
| Exhibit TW 14 | 2024-10-23 | Not public |
| Rejoinder to Reply to Statement of Defence and Reply to to CC for revocation and Defence to Application to Amend | 2024-10-23 | Not public |
| Exhibit TW 09 | 2024-10-23 | Not public |
| Exhibit TW 15 | 2024-10-23 | Not public |
| Exhibit TW 13 | 2024-10-23 | Not public |
| Exhibit TW 08b | 2024-10-23 | Not public |
| Exhibit TW 6 | 2024-10-23 | Not public |
| Exhibit TW 11 | 2024-10-23 | Not public |
| Exhibit TW 12 | 2024-10-23 | Not public |
| Exhbit TW 07 | 2024-10-23 | Not public |
| Statement regarding date of oral hearing | 2024-10-23 | Not public |
| Statement | 2024-10-22 | Not public |
| R. 28 RoP - Opportunity to comment | 2024-10-15 | Not public |
| Template-Order | 2024-10-15 | Not public |
| Hearing-Dates | 2024-10-15 | Not public |
| Outcome of the Order | 2024-10-02 | Not public |
| Extension of deadlines | 2024-10-02 | Public |
| Receipt | 2024-10-02 | Not public |
| Motion for Deadline Extension Rejoinder-Reply | 2024-10-01 | Not public |
| Acknowledgement-of-lodging | 2024-08-05 | Not public |
| Exhibit C 23 | 2024-08-05 | Not public |
| Exhibit C 22 | 2024-08-05 | Not public |
| Exhibit C 26 | 2024-08-05 | Not public |
| Exhibit C 27 | 2024-08-05 | Not public |
| Exhibit C 25 | 2024-08-05 | Not public |
| Exhibit C 24 | 2024-08-05 | Not public |
| Reply to the Statement of Defence, Statement of Defence to Counterclaim and Conditional Application to Amend | 2024-08-05 | Not public |
| Outcome of the Order | 2024-07-17 | Not public |
| Closing of the workflow | 2024-07-17 | Public |
| R. 262A RoP Order | 2024-07-17 | Public |
| Statement | 2024-07-17 | Not public |
| Opportunity to comment | 2024-07-15 | Not public |
| Opportunity to comment | 2024-07-15 | Not public |
| Exhibit 1 (new) | 2024-07-11 | Not public |
| Response re R. 262A RoP | 2024-07-11 | Not public |
| Opportunity to comment | 2024-07-04 | Not public |
| Exhibit C 21 | 2024-07-01 | Not public |
| Written Comments on Defendants‘ Application pursuant to Rule 262A RoP | 2024-07-01 | Not public |
| Exhibit C 20 | 2024-07-01 | Not public |
| Exhibit C 19 | 2024-07-01 | Not public |
| Opportunity to comment | 2024-06-17 | Not public |
| Exhibit 1 | 2024-06-07 | Not public |
| 2024-06-04 Pre Order R. 262A | 2024-06-04 | Not public |
| Receipt | 2024-06-04 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-06-04 | Not public |
| Procedural Application for Confidentiality | 2024-06-04 | Not public |
| Statement of Defence and Counterclaim for Revocation (Redacted Version) | 2024-06-04 | Not public |
| Statement of Defence and Counterclaim for Revocation (Redacted Version) | 2024-06-04 | Not public |
| Procedural Application for Confidentiality | 2024-06-04 | Not public |
| Acknowledgement-of-lodging | 2024-06-04 | Not public |
| Exhibit_D11 | 2024-06-04 | Not public |
| Exhibit_D2 | 2024-06-04 | Not public |
| Exhibit_D9 | 2024-06-04 | Not public |
| Exhibit_TW3 | 2024-06-04 | Not public |
| Exhibit_TW2 | 2024-06-04 | Not public |
| Exhibit_D10 | 2024-06-04 | Not public |
| Exhibit_D7a | 2024-06-04 | Not public |
| Exhibit_D7 | 2024-06-04 | Not public |
| Exhibit_D14 | 2024-06-04 | Not public |
| Exhibit_D3 | 2024-06-04 | Not public |
| Exhibit_D6 | 2024-06-04 | Not public |
| Exhibit_P1 | 2024-06-04 | Not public |
| Exhibit_D4 | 2024-06-04 | Not public |
| Exhibit_TW4a | 2024-06-04 | Not public |
| Exhibit_TW4c | 2024-06-04 | Not public |
| Exhibit_D8a | 2024-06-04 | Not public |
| Exhibit_D5 | 2024-06-04 | Not public |
| Exhibit_TW1 | 2024-06-04 | Not public |
| Statement of Defence and Counterclaim for Revocation | 2024-06-04 | Not public |
| Statement of Defence and Counterclaim for Revocation | 2024-06-04 | Not public |
| Exhibit_D13a | 2024-06-04 | Not public |
| Exhibit_D13b | 2024-06-04 | Not public |
| Exhibit_D1 | 2024-06-04 | Not public |
| Exhibit_D8 | 2024-06-04 | Not public |
| Exhibit_TW4b | 2024-06-04 | Not public |
| Exhibit_D12 | 2024-06-04 | Not public |
| Exhibit_TW5 | 2024-06-04 | Not public |
| Exhibit_D15 | 2024-06-04 | Not public |
| Clarification of the time limit for lodging the Statement of defence | 2024-04-11 | Public |
| Notification Of Service | 2024-04-11 | Not public |
| Zustellung B13 | 2024-04-11 | Not public |
| Acknowledgement of access to case | 2024-04-10 | Not public |
| Outcome of the Order | 2024-04-09 | Not public |
| R. 9.3 RoP - Alignement and extension of deadlines | 2024-04-09 | Public |
| Response to Defendants’ Request for Term Extension | 2024-04-09 | Not public |
| Acknowledgement of access to case | 2024-04-04 | Not public |
| Pre Order R. 9.3 RoP | 2024-04-04 | Not public |
| Receipt | 2024-04-04 | Not public |
| Acknowledgement of access to case | 2024-04-04 | Not public |
| Acknowledgement of access to case | 2024-04-04 | Not public |
| Application for alignment and extension of deadlines | 2024-04-04 | Not public |
| Acknowledgement of access to case | 2024-04-03 | Not public |
| Notification Of Service | 2024-03-06 | Not public |
| Zustellnachweis Abbott Diabetes | 2024-03-06 | Not public |
| Acknowledgement of access to case | 2024-02-21 | Not public |
| Notification Of Service | 2024-02-15 | Not public |
| B9_Postal Service | 2024-02-15 | Not public |
| Notification Of Service | 2024-02-09 | Not public |
| B1_Receipt | 2024-02-09 | Not public |
| Notification Of Service | 2024-01-30 | Not public |
| B10_Postal Service | 2024-01-30 | Not public |
| Notification Of Service | 2024-01-30 | Not public |
| B6_Postal Service | 2024-01-30 | Not public |
| Notification Of Service | 2024-01-24 | Not public |
| B4_Postal Service | 2024-01-24 | Not public |
| Notification Of Service | 2024-01-24 | Not public |
| Postal Service_B5 | 2024-01-24 | Not public |
| Notification Of Service | 2024-01-23 | Not public |
| B12_Postal Service | 2024-01-23 | Not public |
| Notification Of Service | 2024-01-23 | Not public |
| B11_Postal Service | 2024-01-23 | Not public |
| Notification Of Service | 2024-01-23 | Not public |
| B8_Postal Service | 2024-01-23 | Not public |
| Notification Of Service | 2024-01-23 | Not public |
| B7_Postal Service | 2024-01-23 | Not public |
| Notification Of Service | 2024-01-23 | Not public |
| B3_Postal Service | 2024-01-23 | Not public |
| epoUploadDocumentsWorkflow | 2024-01-05 | Not public |
| Document from EPO | 2024-01-05 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Letter for Service | 2024-01-03 | Not public |
| Panel-Appointment | 2024-01-03 | Not public |
| EPO-Request-for-case-pending | 2024-01-03 | Not public |
| Receipt | 2024-01-03 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-01-03 | Not public |
| Acknowledgement-of-lodging | 2023-12-27 | Not public |
| Exhibit C 16 | 2023-12-27 | Not public |
| Exhibit C 9 | 2023-12-27 | Not public |
| Exhibit C 7 | 2023-12-27 | Not public |
| Exhibit C 12 | 2023-12-27 | Not public |
| Exhibit C 13 | 2023-12-27 | Not public |
| Exhibit C 4 | 2023-12-27 | Not public |
| Exhibit C 5 | 2023-12-27 | Not public |
| Proof of payment re service Def 1 | 2023-12-27 | Not public |
| Exhibit C 12 | 2023-12-27 | Not public |
| Exhibit C 14 | 2023-12-27 | Not public |
| Exhibit C 11 | 2023-12-27 | Not public |
| Exhibit C 9 | 2023-12-27 | Not public |
| Exhibit C 1 | 2023-12-27 | Not public |
| Exhibit C 15 | 2023-12-27 | Not public |
| Exhibit C 13 | 2023-12-27 | Not public |
| Proof of payment re service Def 2 | 2023-12-27 | Not public |
| Exhibit C 7 | 2023-12-27 | Not public |
| Exhibit C 10 | 2023-12-27 | Not public |
| Exhibit C 1 | 2023-12-27 | Not public |
| Exhibit C 10 | 2023-12-27 | Not public |
| Exhibit C 16 | 2023-12-27 | Not public |
| Exhibit C 17 | 2023-12-27 | Not public |
| Exhibit C 8 | 2023-12-27 | Not public |
| Proof of payment of court fees | 2023-12-27 | Not public |
| Exhibit C 8 | 2023-12-27 | Not public |
| Exhibit C 6 | 2023-12-27 | Not public |
| Exhibit C 15 | 2023-12-27 | Not public |
| Exhibit C 3 | 2023-12-27 | Not public |
| Exhibit C 2 | 2023-12-27 | Not public |
| Exhibit C 2 | 2023-12-27 | Not public |
| Exhibit C 11 | 2023-12-27 | Not public |
| Exhibit C 18 | 2023-12-27 | Not public |
| Statement of Claim | 2023-12-27 | Not public |
| Exhibit C 14 | 2023-12-27 | Not public |