LD Paris, February 12, 2024, Procedural Order, UPC_CFI_425/2023

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Bardehle Pagenberg

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In the present case, service of the Statement of Claim was delayed for one of the three defendants. According to Rule 23 RoP, the time limit for filing the Statement of Defence...
France Intellectual Property
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1. Key takeaways

In case of multiple defendants in an infringement action, it is reasonable for the Judge-Rapporteur to extend the deadline for filing of a Statement of Defence to align the deadlines for all defendants

In the present case, service of the Statement of Claim was delayed for one of the three defendants. According to Rule 23 RoP, the time limit for filing the Statement of Defence is within three months of service of the Statement of Claim. Due to the different times of service for the defendants, the Judge-Rapporteur of the LD decided that it is appropriate to align the deadlines for all defendants, thereby granting a deadline extension for filing the Statement of Defence in accordance with Rule 9.3 and Rule 334 (a) and (b) RoP.

2. Division

Paris Local Division

3. UPC number

UPC_CFI_425/2023

4. Type of proceedings

Infringement Action

5. Parties

Claimant: Abbott Diabetes Care Inc.

Defendants:

  • Dexcom Inc.
  • Dexcom International Limited
  • Dexcom France SAS

6. Patent(s)

EP3988471

7. Body of legislation / Rules

Rule 23 RoP; Rule 9.3 and Rule 334 (a) and (b) RoP

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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