Abbott Diabetes Care v Dexcom (CFI, 31 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 31 July 2024 (UPC_CFI_425/2023, ORD_36398/2024), the judge-rapporteur of the Paris Local Division dismissed Abbott Diabetes Care’s application under Rule 191 RoP for Dexcom Inc., Dexcom International and Dexcom France to disclose the entire distribution chain of the G6 and G7 systems in each relevant Contracting Member State, in the infringement action on EP 3 988 471. The application was held admissible during the proceedings but insufficiently justified.

Question

May the patentee obtain, before any ruling on infringement, disclosure of the entire distribution chain of the allegedly infringing products?

Decision

The application is admissible: Rule 191 RoP may be invoked during the proceedings, even before infringement has been decided, where needed for the investigation of the case, the judge following the Düsseldorf Local Division and applying the same reasoning to the right of information under Art. 8 of Directive 2004/48/EC. It must, however, be sufficiently justified and proportionate. Abbott chose to sue Dexcom France, selected among many distributors it knew of: disclosure of the whole distribution chain would be disproportionate and not sufficiently directly related to the case. After a decision on the merits establishing infringement, Abbott may seek targeted information on each defendant’s role in order to determine damages. As Abbott failed to show that the information was reasonably necessary within the meaning of Art. 67(1) UPCA, the application is dismissed.

Key points for practice

• Practical point: choosing to sue only some distributors narrows the reach of a disclosure request during the proceedings, while information on each defendant’s role can be sought after the merits decision.

Provisions applied

Agreement on a Unified Patent Court

Art. 67(1)

Rules of Procedure

Rules 190, 191 and 333

Directive 2004/48/EC

Art. 8

Case law cited

Franz Kaldewei v Bette, Düsseldorf Local Division, 3 July 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.