LD The Hague, September 17, 2024, Procedural Order On A Counter Claim For Revocation – Amendment Of Counter Claim, ACT_586899/2023

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.

Explore Firm Details

The court emphasized that it will grant leave to amend when the amendment could not have been reasonably submitted earlier, such as when the opposing party makes an unexpected procedural move.

Germany Intellectual Property

1. Key takeaways

Amendments to counterclaims are permissible even after the initial pleadings have been filed

The court emphasized that it will grant leave to amend when the amendment could not have been reasonably submitted earlier, such as when the opposing party makes an unexpected procedural move. This approach ensures fairness and allows the real issues in dispute to be properly presented. This is based on Rule 263.2 RoP.

The court prioritizes procedural fairness

The court demonstrated this by allowing the defendant to the counterclaim 30 days to respond to the amended counterclaim, ensuring ample opportunity to prepare arguments against the new non-infringement claim.

2. Division

The Hague – Local Division

3. UPC number

ACT_586899/2023, App_44663/2024, ORD_45344/2024

ACT_586899/2023, App_44664/2024, ORD_45345/2024

4. Type of proceedings

Infringement Action / Counter Claim for revocation – amendment of counter claim

5. Parties

Claimant in the counter claim (Defendant in the main infringement claim): Dexcom Inc. and Dexcom International Limited
Defendant in the counter claim (Claimant in the main infringement claim): Abbott Diabetes Care Inc.

6. Patent(s)

EP 4 070 727

7. Body of legislation / Rules

Rule 263.2 RoP

80CBA9DF290C4E51CA9BE764EF521D54_en

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.