DexCom v Abbott Logistics (CFI, 25 November 2024)
| Date | 25 November 2024 |
|---|---|
| Court | CFI |
| Division | Paris (FR) Local Division |
| Type of action | Generic application |
| Registry reference | App_60804/2024 · ORD_62696/2024 |
| Parties | DexCom, Inc. |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 25 November 2024 (UPC_CFI_395/2023, ACT_583778/2023, ORD_62696/2024), the presiding judge of the Paris Local Division (C. Lignières), in DexCom’s infringement action on EP 3 831 282 against Abbott Logistics B.V. and thirteen other Abbott companies, held admissible but dismissed DexCom’s application for the parties to be allowed, after the hearing of 30 October 2024, to comment on a decision of the Munich Regional Court of 6 November 2024 on the German part of the parent patent EP 2 939 158.
Question
Do the case management powers allow the debate to be reopened after the oral hearing in order to bring in a later national decision on a parent patent?
Decision
The case management powers under the Rules of Procedure do not end with the interim procedure: the presiding judge may exercise them afterwards, including after the oral hearing, so the application is admissible. It is not, however, justified at this late stage: the Munich decision concerns the parent patent, whose features are similar but different, and it does not decide validity on the merits, the German court having ruled on a request for a stay pending nullity proceedings before the Federal Patent Court. There is no reason to reopen the debate. The order may be reviewed under Rule 333.
Key points for practice
- Practical point: a national decision on a patent of the same family issued after the hearing is not enough to reopen the debate, particularly where it does not decide validity on the merits.
Provisions applied
- Agreement on a Unified Patent Court
- Art. 43
- Rules of Procedure
- Rules 333, 334 and 336
- Case law cited
- No UPC decision is cited.
Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.
Going further
Lexicon: Written procedure (UPC), Court fees and costs (UPC).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantDexCom, Inc.23 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic application
- Outcome (Dhenne Avocats summary)
- La demande de DexCom, recevable car les pouvoirs de gestion de l'instance subsistent après l'audience, est rejetée : la décision de Munich sur le brevet parent ne justifie pas de rouvrir les débats.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 3 831 282mentioned in: Dhenne Avocats analysis Follow this patentEP 2 939 158mentioned in: Dhenne Avocats analysis Follow this patent
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 831 282 | Mentioned in the analysis (role not qualified) Also mentioned in 4 other decision(s): DexCom v Abbott Diagnostics (CFI, 11 December 2024) · DexCom v Abbott Laboratories (CoA, ORD_3985/2025, 24 January 2025) · Abbott Logistics v DexCom (CFI, 11 October 2024) · DexCom v Abbott Laboratories (CFI, 12 February 2024) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
EP 2 939 158 | Mentioned in the analysis (role not qualified) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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