The Hague - Local Division
UPC_CFI_424/2023
Final Order
of the Court of First Instance of the Unified Patent Court
delivered on 22 December 2023
Date of receipt of Statement of claim : Not provided

Dexcom Inc.
(Defendant) - 6340 Sequence Drive - CA 92121-4356 - San Diego - US
Statement of claim served on 30/11/2023
Dexcom International Limited
(Defendant) - 1 Lampousas Street - 1095 - Nicosia - CY
Statement of claim served on 20/12/2023

REFERENCE CODE ECLI: Not provided

APPLICANT/S
1) Abbott Diabetes Care Inc.
(Applicant) - 1360 South Loop Road - CA 94502
- Alameda - US
Represented by Eelco Bergsma

RESPONDENT/S
RELEVANT PROCEEDING PARTIES
1) Dexcom Inc. (Main proceeding party - Not provided) - 6340 Sequence Drive - CA 92121-4356 - San Diego -
US
Statement of claim served on 30/11/2023
2) Dexcom International Limited
(Main proceeding party - Not provided) - 1 Lampousas Street - 1095 - Nicosia - CY
Statement of claim served on 20/12/2023

PATENT AT ISSUE
Patent no. Proprietor/s
EP4070727 Abbott Diabetes Care Inc.
No SPC details provided

DECIDING JUDGE
Judge-rapporteur Edger Brinkman

COMPOSITION OF PANEL – FULL PANEL
Presiding judge Edger Brinkman
Judge-rapporteur Edger Brinkman
Legally qualified judge Pierluigi Perrotti
[Legally qualified judge Margot Kokke]
[Technically qualified judge Not provided]

LANGUAGE OF PROCEEDINGS: English

SUBJECT-MATTER OF THE PROCEEDINGS: Infringement proceedings

SUMMARY OF FACTS
Service on Dexcom International Limited by registered letter hasdnot been successful at both
addresses provided by the claimant. Abbott suggested in their letter of 14 December 2023, that
contains a procedural application re R. 275.1 RoP, to perform an alternative service by use of an
authorised process server in Ireland. Abbott now has submitted evidence that effective service
has been effected on 20 December 2023 and that hence the SoD is to be filed within 3 months
from that date.

GROUNDS FOR THE ORDER
The JR is satisfied by the affidavit provided by Abbott of good service by an Irish process server.
This means the court no longer has to decide on the application of Abbott invoking R. 275.1. That
application will therefore be denied, and it is ordered that service on defendant 2 (Dexcom
International Limited) was properly effected on 20 December 2023. The term for filing the SoD is
3 months after that date.

ORDER
The application to invoke R. 275.1 RoP is denied;
Service on defendant 2 (Dexcom International Limited) was properly effected on 20 December
2023;
The term for filing the SoD is 3 months after that date.

INSTRUCTIONS TO THE PARTIES AND TO THE REGISTRY
The registry should record the proper service on 20 December 2023 in the CMS.

INFORMATION ABOUT APPEAL
No appeal possible

INFORMATION ABOUT COSTS AND DAMAGES
Costs of the service are provisionally to be borne by Abbott but later reimbursable depending on
the outcome of the case
Order in ACTION NUMBER: ACT_586899/2023
UPC number: UPC_CFI_424/2023
Action type: Infringement Action
Related proceeding no. Application No.: 594779/2023
Application Type: Generic procedural Application
Issued on 22 December 2023 by E.F. Brinkman, presiding judge and judge-rapporteur
Edger
Frank
BRINKMAN
Digitally signed
by Edger Frank
BRINKMAN
Date: 2023.12.22
14:22:40 -03'00'