UPC CFI RD Nordic-Baltic, 7 October 2024: Prior art document dismissed as late-filed

30-10-2024 Print this page
IPPT20241007, UPC CFI, RD Nordic-Baltic, Abbott v Dexcom

Order following interim conference (R. 105 RoP). 

 

Request to change claim dismissed (R. 263 RoP). Request should have been in the application, not in an annex; changes asked are not mere corrections, could have been formulated earlier and extend the cope of the injunction. No need for alternative claims as the Court may grant the relief in full or in part as requested (Article 76.1 UPCA). 

 

Application to provide information dismissed as disproportionate (Article 67 UPCA, Article 8 Enforcement Directive, Rule 191 RoP). The Court order has to be as precise as possible, so that the obligated person may understand without a doubt what kind of information one has to provide. 

 

Heller document dismissed as late filed ground for revocation (R. 44 RoP). The Heller document was submitted to the Court by Defendants on 12 August 2024 in its Reply to the Defence to Revocation. The Court is in the position that all the ground for revocation should have been presented in the counterclaim.

 

IPPT20241007, UPC CFI, RD Nordic-Baltic, Abbott v Dexcom