Nordic-Baltic - regional division
Decision
of the Court of First Instance of the Unified Patent Court
delivered on 20/01/2025

CLAIMANT
Abbott Diabetes Care Inc.- 1360 South Loop Road - 94502 -Alameda - US
Represented by Wim Maas

DEFENDANTS
1) Dexcom Inc. - 6340 Sequence Drive - 92121-4356 - San Diego - US
2) Dexcom International Limited- Lampousas Street - 1095 - Nicosia- CY
Represented by Tjibbe Douma

PATENT AT ISSUE
Patent no. Proprietor/s
EP3977921 Abbott Diabetes Care Inc.

COMPOSITION OF PANEL – FULL PANEL
Presiding judge Stefan Johansson
Judge-rapporteur Kai Härmand
Legally qualified judge Pierluigi Perrotti
Technically qualified judge Renaud Fulconis

LANGUAGE OF PROCEEDINGS: English

SUBJECT-MATTER OF THE PROCEEDINGS
Infringement action and counterclaim for revocation

SUMMARY OF FACTS
The Claimant has requested the Court to permit the withdrawal of the infringement action no
ACT_588346/2023 and to render a decision declaring the proceedings closed. A cost decision is
not requested. The Defendants consent to the withdrawal of the infringement action.
Dexcom has requested the Court to permit the withdrawal of the counterclaim for revocation; and
to render a decision declaring the proceedings closed the withdrawal of the revocation action no
CC_14848/2024. A cost decision is not requested. The Claimant consent to the withdrawal of the
counterclaim for revocation.

GROUNDS FOR THE DECISION
According to Rule 265 of the Rules of Procedure (RoP), a Claimant may apply to withdraw its ac􀆟on
as long as there is no final decision. The Court shall decide on such an applica􀆟on to withdraw the
ac􀆟on a􀅌er hearing the other party. The applica􀆟on to withdraw shall not be permi􀆩ed if the other
party has a legi􀆟mate interest in the ac􀆟on being decided by the Court.
The Court declares the proceedings closed. The Claimant has withdrawn the infringement ac􀆟on,
and the Defendants have withdrawn the counterclaim for revoca􀆟on. Both par􀆟es have been no-
􀆟fied of the requests, they have confirmed the withdrawal of the ac􀆟on. The par􀆟es have agreed
that the Court does not issue a decision as to their costs in these proceedings, the Court will refrain
from issuing such decision.

DECISION
The Court declares these proceedings closed.
The decision on the closure of the proceedings has to be entered on the register.

INFORMATION ABOUT APPEAL
This decision may be the subject of an appeal within two months of service of the Court’s decision.

DECISION DETAILS
Order no. ORD_68783/2024 in ACTION NUMBER: ACT_588346/2023; CC_14848/2024
UPC number: 430_2023
Action type: Infringement Action; Revocation Action
Related proceeding no. Application No.: 68369/2024; 68471/2024; 68693/2024
Application Type: Application for leave to withdraw an action (RoP265)