DexCom v Abbott Logistics (CFI, 25 November 2024)

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.