UPC_CFI_424/2023 ACT_586899/2023 CC_13509/2024 and CC_13898/2024

ORDER

of the Court of First Instance of the Unified Patent Court Local Division The Hague issued on 29 January 2025

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

• Nicosia - CY

Statement

of claim

served on

R EFERENCE C ODE

ECLI: Not provided

CLAIMANT/S

1) Abbott Diabetes Care Inc.

(Claimant) - 1360 South Loop Road - CA 94502

Represented by Eelco

Bergsma

• Alameda - US

DEFENDANT/S

1) Dexcom Inc.

(Defendant) - 6340 Sequence Drive - CA

92121-4356 - San Diego - US

Represented by Tjibbe Douma

2) Dexcom International Limited

(Defendant) - 1 Lampousas Street - 1095 - Nicosia - CY

Represented by Tjibbe Douma

PATENT AT ISSUE

DECIDING JUDGES

F ULL P ANEL

Presiding judge

Edger Brinkman

Judge-rapporteur

Edger Brinkman

Legally qualified judge

Margot Kokke

Legally qualified judge

Pierluigi Perrotti

Technically qualified judge

Alain Dumont

L ANGUAGE OF P ROCEEDINGS

: English

S UBJECT MATTER OF THE -P ROCEEDINGS

Infringement proceedings and counter claims for revocation

G ROUNDS

All parties to the proceedings requested withdrawal of their respective claims (above-mentioned infringement claim and counter claims for revocation). They requested the court render a decision declaring the proceedings closed. They indicated all parties consented to the withdrawal of the same and that a cost decision is not requested.

The application is admissible since there is no final decision in the actions in view of the pending appeal. In view of their consent, no party can be considered to have a legitimate interest in the actions being decided by the Court. The applications can thus be allowed.

Claimant's request for reimbursement of 20% of the court fees can be allowed as well (R. 370.9). In as far as necessary, the value of the actions is set at 4 million euro.

O RDER

The court:

• -allows the withdrawal of the action (UPC_CFI_424/2023; ACT_586899/2023, CC_13509/2024 and CC_13898/2024)
• -declares the proceedings closed;
• -orders that this decision shall be entered on the register;
• -declares that there is no need for a cost decision;
• -orders the claimant to be reimbursed 20% of the court fees paid, and thus an amount of EUR 7.400
• -sets the value of the cases at EUR 4.000.000.

O RDER DETAILS

Order no. ORD_68588/2024 in ACTION NUMBER: ACT_586899/2023, CC_13509/2024 and CC_13898/2024

UPC number: UPC_CFI_424/2023

Action type:

Infringement Action and Counter Claims for revocation

Related proceeding no. App_68465/2024, App_68468/2024, App_68372/2024 and App_68373/2024