UPC_CFI_424/2023 – Abbott v- Dexcom

Court
Local Division The Hague
Date
Outcome
Settled
Sector
Pharma/Bio
Decision Type
SETTLEMENT

Expert Commentary

Settlement R. 265 RoP withdrawal. 20% of the court fees is reimbursed to the claimant. Comment Two similar decisions were published in the same case (UPC_CFI_424/2023) on the same day!

Full Decision Text

1 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) - 6340 Sequence Drive - CA 92121-4356 - San Diego - US Statement of claim served on 30/11/2023 Dexcom International Limited (Defendant) - 1 Lampousas Street - 1095 - Nicosia - CY Statement of claim served on 20/12/2023 REFERENCE CODE ECLI: Not provided CLAIMANT/S 1) Abbott Diabetes Care Inc. (Claimant) - 1360 South Loop Road - CA 94502 - Alameda - US Represented by Eelco Bergsma 2 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 Patent no. Proprietor/s EP4070727 Abbott Diabetes Care Inc. DECIDING JUDGES FULL PANEL Presiding judge Edger Brinkman Judge-rapporteur Edger Brinkman Legally qualified judge Margot Kokke Legally qualified judge Pierluigi Perrotti Technically qualified judge Alain Dumont LANGUAGE OF PROCEEDINGS: English SUBJECT-MATTER OF THE PROCEEDINGS Infringement proceedings and counter claims for revocation GROUNDS 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. 3 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. ORDER 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. ORDER 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 Brinkman (Presiding judge) Kokke (legally qualified judge) Perrotti (legally qualified judge) Dumont (technically qualified judge) For the Deputy Registrar (clerk) 4

Key Holdings

  • The case was settled, leading to a withdrawal under R. 265 RoP.
  • 20% of the court fees were reimbursed to the claimant.
  • The comment notes that two similar decisions were published for the same case on the same day.

Tags

  • Costs
  • Rules of Procedure
  • Settlement
  • Withdrawal

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