Abbott Diabetes Care v Dexcom (CFI, 9 August 2024)

Date	9 August 2024
Court	CFI
Division	Munich (DE) Local Division
Type of action	Application RoP262A
Registry reference	App_38165/2024 · ORD_38807/2024
Parties	Abbott Diabetes Care Inc. v. Dexcom Deutschland GmbH, Dexcom International Limited , 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.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 9 August 2024 (UPC_CFI_402/2023, ACT_584295/2023, App_38165/2024, ORD_38807/2024), the judge-rapporteur of the Munich Local Division (U. Voß) classified as confidential under Rule 262A RoP the unredacted version of the Dexcom companies’ Rejoinder in Abbott Diabetes Care’s infringement action on EP 4 087 195. Access is reserved to four named representatives of Abbott, their teams and three of the claimant’s employees. As Abbott did not oppose the application, the order is mainly of interest for how the confidentiality club is organised.

Question

How should the circle of persons with access to unopposed confidential information be composed?

Decision

The information is presumed to deserve protection, as Abbott did not dispute that it is a trade secret, and the formal requirements of Rule 262A RoP are met after the claimant’s representatives were heard (paragraphs 1 and 2). The number of persons with access must be kept to what is necessary and it must be clear who is accountable for confidentiality (paragraph 3). The claimant’s choice of representatives is respected, but they answer for their teams. The three employees named match the defendants’ request (paragraphs 4 and 5). The obligation survives the proceedings and each culpable breach may attract a penalty of up to EUR 250,000.

Key points for practice

Practical point: representatives who bring their teams into the confidentiality club are personally answerable for them, which calls for a tightly controlled list of admitted persons.

Provisions applied

Agreement on a Unified Patent Court: Art. 58
Rules of Procedure: Rule 262A
Other provisions: Directive (EU) 2016/943, Art. 9
Case law cited: Avago v Tesla Germany, Hamburg Local Division, 3 November 2023, 10x Genomics v Curio Bioscience, Düsseldorf Local Division, 11 March 2024, Aylo Freesites v DISH, Mannheim Local Division, 3 July 2024, 10x Genomics v Curio Bioscience, Düsseldorf Local Division, 8 August 2024

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: Confidentiality club.

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

Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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

No case number recorded in this record.

Parties

claimantAbbott Diabetes Care Inc.36 decisions in the corpus Follow this party
defendantDexcom Inc.23 decisions in the corpus Follow this party
defendantDexcom International Limited8 decisions in the corpus Follow this party
defendantDexcom Deutschland GmbHFollow this party

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act: Application RoP262A
Outcome (Dhenne Avocats summary): La duplique non occultée de Dexcom est classée confidentielle et l'accès réservé à quatre représentants d'Abbott, à leurs équipes et à trois salariés, sous astreinte de 250 000 euros au plus par manquement.
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 4 087 195 mentioned in: Dhenne Avocats analysis Follow this patent

Related decisions cited in the analyses

10x Genomics v Curio Bioscience (CFI, 8 August 2024) cited in this record
AYLO FREESITES v DISH (CFI, 3 July 2024) cited in this record
10x Genomics v Curio Bioscience (CFI, 11 March 2024) cited in this record
Avago Technologies International Sales v Tesla Germany (CFI, 3 November 2023) cited in this record
QIAGEN Sciences v bioMérieux (CFI, 15 July 2025) cites this decision
NEC v TCL Deutschland (CFI, ORD_41184/2024, 14 August 2024) cites this decision
NEC v TCL Deutschland (CFI, ORD_41183/2024, 14 August 2024) cites this decision

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

Publication	Role in the dispute	Family	Standard and declaration	Pool	Sources
`EP 4 087 195`	Mentioned in the analysis (role not qualified) Also mentioned in 1 other decision(s): Abbott Diabetes Care v Dexcom (CFI, 15 January 2025)	not recorded	not recorded	not recorded	Espacenet links not checked mentioned in: Dhenne Avocats analysis

The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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