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2024-02-09 ACT_586899_2023

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The following text is not a complete transcript of the decision/order:

The Hague - Local Division
UPC_CFI_424/2023
Procedural order
of the Court of First Instance of the Unified Patent Court
delivered on 9 February 2024

Date of receipt of Statement of claim : 16/11/2023

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
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
Both represented by Tjibbe Douma

PATENT AT ISSUE
Patent no. Proprietor/s
EP4070727 Abbott Diabetes Care Inc.

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

STATEMENT OF THE FORMS OF ORDER SOUGHT BY THE PARTIES [OPTIONAL]
Abbott requests alignment of the dates for the SoD, as now they diverge for both defendants due
to different service dates. Dexcom has let the court know that parties have reached an
agreement that the SoD by both defendants will be handed in on 14 March, with the terms
thereafter amended accordingly. The court sees no reason to diverge from this agreement.

ORDER
- Both defendants will file their SoD on 14 March 2024;
- The terms for reply and rejoinder will be adjusted accordingly.

INFORMATION ABOUT APPEAL
No appeal possible

INFORMATION ABOUT COSTS AND DAMAGES
No costs involved.

ORDER DETAILS
Order in ACTION NUMBER: ACT_586899/2023
UPC number: UPC_CFI_424/2023
Action type: Infringement Action
Related proceeding no. Application No.: 1995/2024
Application Type: Generic procedural Application
Issued on 9 February 2024 by E.F. Brinkman, Judge-rapporteur.
Edger Frank
BRINKMAN

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