The Court of First Instance of the UPC, in decisions dated 4 and 31 July 2024, ordered the revocation within the relevant states of two European patents owned by Dexcom, Inc. relating to continuous glucose monitoring, EP3435866 and EP3797685. Dexcom, Inc. were the claimant in both cases, asserting the patents against Abbott Laboratories and several of its subsidiary companies (Abbott). In both cases, the court held that the patents lacked inventive step. Abbott were advised and represented by an international team led by Taylor Wessing which included Boult's Daryl Penny. In particular, Daryl (one of Boult's UPC Representatives) advised Abbott on the invalidity counterclaim. He attended the hearings before the Paris and Munich Local Divisions of the UPC as part of Abbott's defence team. As well as having successful outcomes for Boult's client, these decisions show how the UPC is analysing inventive step. We will report further soon. In the meantime, the full decisions can be found here and here.
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