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2024-02-12 ORD_7664_2024

Source: 
agreement between the parties on a date which the Judge-Rapporteur considers reasonable
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R 9 – Powers of the Court, R. 23 – Lodging of the Statement of defence, Rule 271 – Service of the Statement of claim, Rule 334 – Case management powers
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The following text is not a complete transcript of the decision/order:

Paris Local Division
UPC_CFI_ 425/2023
Procedural Order
of the Court of First Instance of the Unified Patent Court
delivered on 12/02/2024

HEADNOTES
Extension and alignment of deadlines where there are multiple defendants. Oral agreement by all
parties at a case management meeting on a date for the filing of the SoD which the Judge-
Rapporteur considers reasonable.

KEYNOTES
Extension of time limits under Rule 23 RoP. Agreement between the parties on a date considered
reasonable by the Judge-Rapporteur. Order under Rule 9.3 RoP.

RELEVANT PARTIES
Claimant in the main proceedings:
- Abbott Diabetes Care Inc. represented by Christian Dekoninck
Defendants in the main proceedings:
- Dexcom Inc. represented by Thierry Lautier
- Dexcom International Limited represented by Thierry Lautier
- Dexcom France SAS represented by Thierry Lautier

PATENT AT ISSUE
Patent no. Proprietor
EP3988471 Abbott Diabetes Care Inc.

DECIDING JUDGE: Judge-rapporteur Camille Lignieres

LANGUAGE OF PROCEEDINGS: English

SUBJECT-MATTER OF THEPROCEEDINGS: Infringement Action

ORDER
Abbott Diabetes Care Inc. lodged an infringement action registered on 14/11/2023 before the Paris
Local Division.
Electronic service of the Statement of Claim (SoC) was not possible.
As regards service in EU countries, all registered letters with acknowledgement of receipt in
accordance with R. 271.4 RoP were sent by the Court on 19/12/23.
With the exception of the letter to Dexcom International Limited in Ireland, all letters were duly
delivered.
However, with regard to Dexcom International Limited, the Court notes that Me Lautier was
connected via CMS on 25/01/2024.
Following a message sent by the Paris Local Division sub-registry concerning the service issue in
the case at hand, Me Lautier requested that this issue be examined at a case management meeting
already scheduled by the Judge-Rapporteur on 5 February 2024.

Pursuant to R. 23 RoP, the time limit for filing the Statement of Defence is within three months of
service of the SoC.
Pursuant to R. 9.3 and R. 334(a) and (b) RoP, the Judge-Rapporteur may, upon reasoned request
of a party, extend or shorten any time limit specified in the UPC Rules of Procedure (RoP), even
with retroactive effect.
The Judge-Rapporteur notes that the agreement between the parties proposes a reasonable
extension of the time limit and that it is appropriate to align the time limit for all 3 defendants.

For all these reasons, it is ordered that:
- The starting point of the period for filing the statement of defence for all the Dexcom entities
is aligned to 15/01/2024, the statement of defence is expected by 15/04/2024.
Issued in Paris, 12 February 2024.
Judge-rapporteur Camille Lignieres

ORDER DETAILS
Order no. ORD_7664/2024 in ACTION NUMBER: ACT_587074/2023
UPC number: UPC_CFI_425/2023
Action type: Infringement Action
CAMILLE
CLEO GARROS
Signature numérique de
CAMILLE CLEO GARROS
Date : 2024.02.12 17:37:12
+01'00'

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