ARTICLE
26 November 2024

LD Düsseldorf, November 20, 2024, Request For Extension Of Time Limits, UPC_CFI_499/2023

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Bardehle Pagenberg

Contributor

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.
Defendants have not consented to the extension of the time limits. However, the requested extension is justified on the grounds of fairness and equity (see the 5th recital in the Preamble to the Rules of Procedure)...
Germany Intellectual Property

1. Key takeaways

Fairness and Equity regarding Extension of Time Limits

Defendants have not consented to the extension of the time limits. However, the requested extension is justified on the grounds of fairness and equity (see the 5th recital in the Preamble to the Rules of Procedure), since the previous time limit was, with the consent of the Claimant, extended to a similar extent in favour of the Defendants.

2. Division

LD Düsseldorf

3. UPC number

UPC_CFI_499/2023

4. Type of proceedings

Patent infringement action and Counterclaim for revocation

5. Parties

Claimant: DexCom, Inc.

Defendants:

  1. Abbott Laboratories
  2. Abbott Diabetes Care Inc.
  3. Abbott GmbH
  4. Abbott Diagnostics GmbH
  5. Abbott Laboratories GmbH
  6. Abbott Logistics B.V
  7. Abbott France (S.A.S.)
  8. Abbott s.r.l
  9. Abbott Gesellschaft m.b.H
  10. Abbott B.V.
  11. Abbott (S.A./N.V.)
  12. Abbott Scandinavia Aktiebolag
  13. Abbott Oy

6. Patent(s)

EP 4 026 488

7. Body of legislation / Rules

R. 9.3 (a) RoP

UPC_CFI_499-2023-LD-Duesseldorf-2024-11-20-A

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