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.
