Local Division Munich
UPC_CFI_396/2023

Decision
of the Court of First Instance of the Unified Patent Court
issued on 8 January 2025

CLAIMANT
Dexcom Inc., 6340 Sequence Drive, CA 92121 San Diego, USA, represented by CEO Kevin
Sayer, at the same address,
represented by: Dr Marcus Grosch, Quinn Emanuel, Hermann-Sack-Straße 3, 80331
Munich, Germany.

DEFENDANTS
1. Abbott Laboratories, 100 Abbott Park Road, Abbott Park, Illinois 60064-6400, USA,
represented by its board of directors which is represented by the CEO Robert Ford;
2. Abbott Diabetes Care Inc., 1360 South Loop Road, Alameda, California 94502, USA,
represented by its president Jared Watkin;
3. Abbott GmbH, Max-Planck-Ring 2, 65205 Wiesbaden, Germany, represented by its
managing directors Robert Funck, Konstantinos Varlas and Christian Grapow;
4. Abbott Diagnostics GmbH, Max-Planck-Ring 2, 65205 Wiesbaden, Germany,
represented by its managing directors Robert Funck, Konstantinos Varlas and Christian
Grapow;
5. Abbott Laboratories GmbH, Freundallee 9A, 30173 Hannover, Germany, represented
by its managing directors Gregor Benning, Bradley Slater and Frank Weitekämpfer;
6. Abbott Logistics B.V., Meeuwenlaan 4, 8011BZ Zwolle, The Netherlands, represented
by its directors Hendrikus Lueb, Hasna Nadir, and Bradley Slater;
7. Abbott France (S.A.S.), 40/48 rue d’Arcueil, 94593 Rungis, France, represented by its
president Philippe Emery;
8. Abbott s.r.l., Viale Giorgio Ribotta 9, 00144 Rome, Italy, represented by the chairman
of its boards of directors Massimiliano Bindi;
9. Abbott Gesellschaft m.b.H., Perfektastraße 84A, 1230 Vienna, Austria, represented by
its directors Martin Hochstöger, Gerhard Wiesinger and Benjamin Oosterbaan;
10. Abbott B.V., Wegalaan 9, 2132 JD Hoofddorp, The Netherlands, represented by its
directors Hendrikus Lueb and Bradley Slater;
11. Abbott (S.A./N.V.), Avenue Einstein 14, 1300 Wavre, Belgium, represented by its
directors Hendrikus Lueb, Hasna Nadir, and Bradley Slater;
12. Abbott Scandinavia Aktiebolag, Hemvärnsgatan 9, 171 54 Solna, Sweden,
represented by its board of directors which is represented by the chair of the board Karl
Almroth;
13. Abbott Oy, Karvaamokuja 2 A, 00380 Helsinki, Finland, represented by the chair of the
board Karl Almroth;
represented by: Dr Dietrich Burkhard Kamlah, Taylor Wessing, Isartorplatz 8, 80331
Munich, Germany.

PATENT AT ISSUE
European patent n° EP 4 111 949

PANEL/DIVISION
Panel 2 of the Local Division Munich

DECIDING JUDGES
This decision has been issued by Presiding Judge Ulrike Voß (Judge-Rapporteur), the Legally
Qualified Judge Dr Daniel Voß, the Legally Qualified Judge Petri Rinkinen and the Technical
Qualified Judge Claus Elmeros.

LANGUAGE OF THE PROCEEDINGS
English

SUBJECT OF THE PROCEEDINGS
Withdrawal infringement action, counterclaim for revocation, application to amend the patent
– Rule 265 RoP

SUMMARY OF THE FACTS
By statement of claim dated 2 November 2023, the Claimant filed a patent infringement action
against the Defendants. The Defendants filed a counterclaim for revocation on 23 February
2024. On 26 April 2024, the Claimant filed an application for amendment of the patent.
On 10 December 2024, the oral hearing on the action and the counterclaim for revocation was
held. At the end of the hearing, a date for the pronouncement of a decision was set for 17
January 2025.
By written submissions dated 27 December 2024, the Claimant declared the withdrawal of the
infringement action and the withdrawal of the application to amend the patent. The Defendants
also declared the withdrawal of the counterclaim for revocation by written submission dated
27 December 2024.
The Claimant requests,
to permit the withdrawal of the infringement action and to give a decision declaring the
proceedings closed,
to permit the withdrawal of the application to amend the patent and to give a decision
declaring the proceedings closed.
The Defendants request,
to permit the withdrawal of the counterclaim for revocation and to give a decision
declaring the proceedings closed.
The parties have each declared their agreement with the withdrawal declared by the other
party. Both parties stated that they would not request a decision on costs.
In its Order dated 3 January 2025, the Court pointed out that Rule 265.2 (c) RoP provides that
the Court decides on costs mandatory if withdrawal is permitted. In view of this, the Court has
indicated that it understands the parties´ submission to mean that no costs are reimbursed
between the parties. Each party is to bear its own extrajudicial costs. In their comments, the
parties stated that they would accept such a decision on costs.

REASONS FOR THE ORDER
I.
Pursuant to Rule 265.1, first sentence, RoP, a Claimant may, as long as there is no final
decision in the action, request that the action be withdrawn. The application for withdrawal is
not allowed, according to sentence 3, if the other party has a legitimate interest in the action
being decided by the Court.
4
On this basis, the withdrawal of the action, including the application to amendment the patent,
shall be allowed. The same shall apply to the counterclaim for revocation. The parties have
each requested the respective withdrawals before the issue of a (final) decision. They have
not asserted any legitimate interests within the meaning of the aforementioned provision. Nor
are any such legitimate interests recognisable in any other way.
II.
The consequence of admitting a withdrawal is, according to Rule 265.2 (a) and (b) RoP, to
give a decision declaring the proceedings closed and to order the decision to be entered on
the register.
According to Rule 265.2(c) RoP, when admitting the withdrawal, the Court issues a decision
on costs in accordance with Part 1, Chapter 5. A request by a party is not required in this
respect. The parties' mutual consent may be taken into account in the cost decision.
As a result of the withdrawal of the infringement action, the counterclaim for revocation and
the application for amendment of the patent, a decision by the Court on the merits of the case
is no longer necessary. The date for pronouncing or delivering a decision is therefore
cancelled.

ORDER
1. The withdrawal of the action, including the applications for amendment of the patent,
is allowed.
2. The withdrawal of the counterclaim for revocation is allowed.
3. The proceedings referred to in points 1 and 2 are declared closed.
4. This decision is to be entered on the register.
5. The parties shall bear their own extrajudicial costs. There will be no reimbursement of
costs between the parties.
6. The date for delivery of a decision on 17 January 2025 is cancelled.
DETAILS OF THE ORDER
ACT_583791/2023
UPC Nr.: UPC_CFI_396/2023
CC_9804/2024, App_68359/2024
App_67763/2024 (Withdrawal Infringement action)
App_67767/2024 (Withdrawal Application to amend)
App_68359/2024 (Withdrawal Counterclaim for revocation)