Rapid Reaction – Dexcom v Abbott – The Paris Local Division hands down the UPC’s second merits decision

05.07.2024

The Paris Local Division of the UPC yesterday handed down its decision in an action for infringement by Dexcom and a counterclaim for revocation by Abbott (available here). There are parallel proceedings in the UK High Court, the Mannheim Regional Court and the German Federal Patent Court.

The patent in suit was EP 3 435 866 (EP 866), which relates to technology for remotely monitoring blood glucose levels in diabetes patients. Revocation was sought on the grounds of added matter, lack of novelty, and lack of inventive step. In addition, there was also a jurisdictional point – Dexcom requested that the Paris Local Division decline jurisdiction in relation to the German part of the European patent in issue, while Abbott requested the Court rule on revocation of the patent in its entirety.

The proceedings began on 7 July 2023, which makes this judgment another that is adhering to the UPC’s goal of delivering a final merits judgment within a year of commencement of proceedings.

Jurisdiction

Dexcom argued that the UPC did not have jurisdiction to hear the counterclaim for revocation against the German part of EP 866 as some of the Abbott Defendants (1, 2 and 8) had not had the German national part of the patent asserted against them in Dexcom’s infringement action. It also asserted in addition that the UPC lacked jurisdiction as Defendant 8 had previously brought a nullity action before the German Federal Patent Court against the German national part of EP 866.

Scope of Dexcom’s infringement claim

The Court decided that it did have jurisdiction to rule on the validity of the entire EP 866 patent, including the German part.

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Florence Plisner

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