Abbott shoots down Dexcom patent in UPC Paris LD, parallel Mannheim Regional Court case impacted as well: procedurally interesting

Abbott, a prominent medical device manufacturer, recently experienced both defensive and offensive victories in patent disputes. 
In a recent case against SiBionics before the Unified Patent Court’s Dusseldorf Local Division, Abbott secured remedies as a plaintiff, while SiBionics saved on litigation expenses. 
On a different front, Abbott successfully defended against rival Dexcom in the UPC’s Paris LD, resulting in the dismissal of the Dexcom case due to Abbott’s revocation counterclaim. This decision invalidates the patent in question across all relevant countries, including Germany, effectively disposing of parallel litigation in the Mannheim Regional Court. 

The court's ruling clarified that a revocation counterclaim can extend beyond the territory targeted by the infringement claim, and that differences between parties challenging a patent in the UPC and the Federal Patent Court of Germany exempt them from lis pendens rules. 

The decision has broader implications for the jurisdiction of revocation counterclaims and the interaction between national courts and the UPC. If Dexcom appeals, further clarification on parallel jurisdiction may be forthcoming.



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