The Hague - Local Division
UPC_CFI_424/2023 Final Order of the Court of First Instance of the Unified Patent Court
delivered on 22 December 2023
Date of receipt of Statement of claim : Not provided
Dexcom Inc.
(Defendant) - of claim
6340
Sequence
Drive - CA
92121-4356 -
San Diego -
US
Statement
served on
30/11/2023
Dexcom
Statement
International of claim
Limited served on
(Defendant) - 20/12/2023
1 Lampousas
Street - 1095
R EFERENCE C ODE
ECLI: Not provided
APPLICANT/S
1) Abbott Diabetes Care Inc.
(Applicant) - 1360 South Loop Road - CA 94502
Represented by Eelco
Bergsma
RESPONDENT/S
RELEVANT PROCEEDING PARTIES
Dexcom Inc.
(Main
proceeding
party - Not
provided) -
6340
Sequence
Drive - CA
92121-4356 -
San Diego -
US
Statement
of claim
served on
30/11/2023
Dexcom
International
Limited
(Main
proceeding
party - Not
provided) - 1
Lampousas
Street - 1095
Statement
of claim
served on
20/12/2023
PATENT AT ISSUE
Patent no.
Proprietor/s
EP4070727
Abbott Diabetes Care Inc.
No SPC details provided
| Patent no. |
SPC details |
|
SPC ID National Designations |
No SPC Holders provided
Patent
no.
SPC
ID
National
Designations
Holders
DECIDING JUDGE
Judge-rapporteur
Edger Brinkman
C OMPOSITION OF P ANEL - F ULL P ANEL
Presiding judge
Edger Brinkman
Judge-rapporteur
Edger Brinkman
Legally qualified judge
Pierluigi Perrotti
[Legally qualified judge
Margot Kokke ]
[Technically qualified judge
Not provided ]
L ANGUAGE OF P ROCEEDINGS
: English
S UBJECT MATTER OF THE -P ROCEEDINGS : Infringement proceedings
S UMMARY OF F ACTS
Service on Dexcom International Limited by registered letter hasdnot been successful at both addresses provided by the claimant. Abbott suggested in their letter of 14 December 2023, that contains a procedural application re R. 275.1 RoP, to perform an alternative service by use of an authorised process server in Ireland. Abbott now has submitted evidence that effective service has been effected on 20 December 2023 and that hence the SoD is to be filed within 3 months from that date.
G ROUNDS FOR THE O RDER
The JR is satisfied by the affidavit provided by Abbott of good service by an Irish process server. This means the court no longer has to decide on the application of Abbott invoking R. 275.1. That application will therefore be denied, and it is ordered that service on defendant 2 (Dexcom International Limited) was properly effected on 20 December 2023. The term for filing the SoD is 3 months after that date.
O RDER
The application to invoke R. 275.1 RoP is denied; Service on defendant 2 (Dexcom International Limited) was properly effected on 20 December 2023;
The term for filing the SoD is 3 months after that date.
I NSTRUCTIONS TO THE P ARTIES AND TO THE R EGISTRY
The registry should record the proper service on 20 December 2023 in the CMS.
I NFORMATION A BOUT A PPEAL
No appeal possible
I NFORMATION A BOUT C OSTS A ND D AMAGES
Costs of the service are provisionally to be borne by Abbott but later reimbursable depending on the outcome of the case
Order in ACTION NUMBER: ACT_586899/2023
UPC number: UPC_CFI_424/2023
Action type:
Infringement Action
Related proceeding no. Application No.:
594779/2023
Application Type:
Generic procedural Application
Issued on 22 December 2023 by E.F. Brinkman, presiding judge and judge-rapporteur