Decision
of the Court of First Instance of the Unified Patent Court delivered on 20/01/2025
CLAIMANT
Abbott Diabetes Care Inc.- 1360 South Loop Road - 94502 -Alameda - US Represented by Wim Maas
DEFENDANTS
- Dexcom Inc. - 6340 Sequence Drive - 92121-4356 - San Diego - US 2) Dexcom International Limited- Lampousas Street - 1095 - Nicosia- CY Represented by Tjibbe Douma
PATENT AT ISSUE
Patent no.
Proprietor/s
EP3977921
Abbott Diabetes Care Inc.
COMPOSITION OF PANEL - FULL PANEL
Presiding judge Judge-rapporteur Legally qualified judge
Stefan Johansson
Kai Härmand
Pierluigi Perrotti
Technically qualified judge
Renaud Fulconis
LANGUAGE OF PROCEEDINGS: English
SUBJECT-MATTER OF THE PROCEEDINGS
Infringement action and counterclaim for revocation
SUMMARY OF FACTS
The Claimant has requested the Court to permit the withdrawal of the infringement action no ACT_588346/2023 and to render a decision declaring the proceedings closed. A cost decision is not requested. The Defendants consent to the withdrawal of the infringement action.
Dexcom has requested the Court to permit the withdrawal of the counterclaim for revocation; and to render a decision declaring the proceedings closed the withdrawal of the revocation action no CC_14848/2024. A cost decision is not requested. The Claimant consent to the withdrawal of the counterclaim for revocation.
GROUNDS FOR THE DECISION
According to Rule 265 of the Rules of Procedure (RoP), a Claimant may apply to withdraw its acƟon as long as there is no final decision. The Court shall decide on such an applicaƟon to withdraw the acƟon aŌer hearing the other party. The applicaƟon to withdraw shall not be permiƩed if the other party has a legiƟmate interest in the acƟon being decided by the Court.
The Court declares the proceedings closed. The Claimant has withdrawn the infringement acƟon, and the Defendants have withdrawn the counterclaim for revocaƟon. Both parƟes have been noƟfied of the requests, they have confirmed the withdrawal of the acƟon. The parƟes have agreed that the Court does not issue a decision as to their costs in these proceedings, the Court will refrain from issuing such decision.
DECISION
The Court declares these proceedings closed.
The decision on the closure of the proceedings has to be entered on the register.
INFORMATION ABOUT APPEAL
This decision may be the subject of an appeal within two months of service of the Court's decision.
DECISION DETAILS
Order no. ORD_68783/2024 in ACTION NUMBER: ACT_588346/2023; CC_14848/2024 UPC number: 430_2023
Action type:
Infringement Action; Revocation Action
Related proceeding no. Application No.:
68369/2024; 68471/2024; 68693/2024
Application Type:
Application for leave to withdraw an action (RoP265)
Stefan Johansson
Kai Härmand
Pierluigi Perrotti
Renaud Fulconis