2024-10-15:
7 October 2024, through the preliminary order ORD_55063/2024 in the case UPC_CFI_430-2023, the Nordic-Baltic Regional Division of the Unified Patent Court (UPC) delivered a decision in proceedings regarding the infringement and counterclaim for revocation of the EP patent 3 977 921 B1, where Abbott Diabetes Care Inc. is Claimant and Dexcom Inc. and Dexcom International Limited are Defendants.
Applications and Requests:
Abbott submitted applications for an order to communicate information, to change the claim, and to dismiss Dexcom’s grounds for revocation based on a prior-art document (the Heller reference).
Defendants’ Defense:
Dexcom requested security for legal costs and opposed Abbott’s applications.
The Court’s Decisions:
The claimant applied for leave to change its prayer for relief (i.e. the remedies sought from the court). However, this was dismissed. The court found that the amendments extended the scope of the claim.
The claimant’s application to provide information was dismissed as unproportionate, based on existing evidence and the broad nature of the request.
Grounds for revocation based on the Heller document were dismissed, as it was submitted late in the proceedings contrary to the front-loaded nature of the UPC proceedings.
Proceedings and Deadlines:
The parties are invited to submit rejoinders and replies within specified deadlines. Expert evidence will be presented before the oral hearing.
Oral Hearing:
Scheduled for December 19, 2024, in Stockholm, with a hearing of party experts set for December 18, 2024.
Security for Legal Costs:
The Claimant is invited to provide written comments on the request for the security of legal costs.
Conclusion:
The decision underlines the importance of timely submission of evidence and claims in the UPC proceedings.
Text: Joakim Wihlsson
Source: The Unified Patent Court
