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Decision

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Main Details:

Case number
UPC_CFI_230/2023
Registry number
ACT_546446/2023
Date
Parties
DexCom, Inc.
v.
Abbott Scandinavia Aktiebolag, Abbott NV / SA, Abbott S.r.l., Abbott Diabetes Care Inc., Abbott Diagnostics GmbH, Abbott France, Abbott B.V., Abbott Logistics B.V., Abbott GmbH, Abbott Laboratories
Order/Decision reference
ORD_37297/2024
Type of action
Infringement Action
Language of Proceedings
English
Court - Division
Court of First Instance - Paris (FR) Local Division

English Headnotes:

The scope of the dispute brought before the Court is incontestably governed by the principle that the parties define the subject-matter of the dispute, a general principle of law which is reiterated in Art. 76(1) of the UPC Agreement and which, moreover, allows the claimant in the main action to exclude certain acts of infringement in order to avoid the inconvenience of parallel jurisdictions between the UPC and national courts during the transitional period provided for in Art. 83 of the Agreement ("carve out"). However, this principle cannot restrict a defendant in its challenge to the validity of the European patent which is being asserted against it since no legal text that is binding upon UPC law expressly states such a restriction. It is not necessary to apply Art. 71c for the UPC to be governed by the Brussels Ibis. Art. 29 to 30 of the Brussels Ibis are directly applicable to the UPC. Moreover, Art. 31 of the UPC Agreement governing its international jurisdiction clearly states: "The international jurisdiction of the Court shall be established in accordance with Regulation (EU) No 1215/2012".

English Keywords:

parallel jurisdiction and related actions, principles for claim interpretation, inventiveness (no), novelty (yes), auxiliary request, Infringement action with counterclaim for revocation, jurisdiction on revocation request by counterclaim, added subject-matter (no), invention related to analyte monitoring system