UPC CFI LD Paris, 11 October 2024: Leave to amend case 10 days before oral hearing unreasonably hinders Dexcom in its preparation
06-11-2024 Print this pageIPPT20241011, UPC CFI, LD Paris, Dexcom v Abbott
No leave granted to ABBOTT to amend case to cover new version of ABBOTT application (R. 263 RoP).
Justified that ABBOTT could not have disclosed commercially sensitive information about the launch of a new product to its competitor DEXCOM.
The Amendment will unreasonably hinder DEXCOM in the conduct of is action given that the oral hearing is in ten days time and it put DEXCOM in a situation where it would not be able to appropriately prepare for the oral hearing due to the new scope of the litigation.
ABBOTT may also be able to prove that its new version of the app does not infringe the patent at issue at the time of enforcement if infringement measures are ordered in the present case.
