UPC_CFI_230/2023

Decision on the merits by Paris Local Division (4 July 2024). EP 3 435 866 B1 (analyte monitoring / continuous glucose monitoring system) was entirely revoked for lack of inventive step; auxiliary requests 1 and 2 were also invalid (added subject-matter). DexCom's infringement action was dismissed in full. DexCom was ordered to bear costs. The court addressed jurisdiction on the revocation counterclaim, the carve-out under Art. 83 UPCA, claim interpretation, novelty and inventiveness.

The Paris Local Division panel, on review under Rule 333 RoP, partially upheld Abbott's application by increasing the upper limit of the penalty for breach of the confidentiality club from EUR 50,000 to EUR 250,000, to achieve consistency with a parallel confidentiality order issued by the Munich Local Division in related proceedings.

The Paris Local Division full panel issued a procedural order in the Dexcom v. Abbott infringement case, rejecting Abbott's request for leave to appeal the judge-rapporteur's confidentiality order of 19 December 2023, finding it was a case management order subject to Rule 333 RoP review rather than a directly appealable order.

The Paris Local Division issued a procedural order in an infringement action brought by DexCom against multiple Abbott entities, granting Abbott's request to protect certain highly sensitive sales and revenue information contained in Abbott's statement of defence from public access.