The Hague - Local Division
UPC_CFI_424/2023 Procedural order of the Court of First Instance of the Unified Patent Court
delivered on 9 February 2024
Date of receipt of Statement of claim : 16/11/2023
Dexcom Inc.
(Defendant) - of claim
6340
Sequence
Drive - CA
92121-4356 -
San Diego -
US
Statement
served on
30/11/2023
Dexcom
International
Limited
(Defendant) - 20/12/2023
1 Lampousas
Street - 1095
Statement
of claim
served on
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
- 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
Both represented by Tjibbe Douma
PATENT AT ISSUE
| Patent no. |
Proprietor/s |
| EP4070727 |
Abbott Diabetes Care Inc. |
| No SPC details provided |
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 TATEMENT OF THE F ORMS OF ORDER SOUGHT BY THE PARTIES [O PTIONAL ]
Abbott requests alignment of the dates for the SoD, as now they diverge for both defendants due to different service dates. Dexcom has let the court know that parties have reached an agreement that the SoD by both defendants will be handed in on 14 March, with the terms thereafter amended accordingly. The court sees no reason to diverge from this agreement.
O RDER
- -Both defendants will file their SoD on 14 March 2024;
- -The terms for reply and rejoinder will be adjusted accordingly.
I NFORMATION A BOUT A PPEAL
No appeal possible
I NFORMATION A BOUT C OSTS A ND D AMAGES
No costs involved.
O RDER DETAILS
Order in ACTION NUMBER: ACT_586899/2023
UPC number: UPC_CFI_424/2023
Action type:
Infringement Action
Related proceeding no. Application No.:
1995/2024
Application Type:
Generic procedural Application
Issued on 9 February 2024 by E.F. Brinkman, Judge-rapporteur.