1. Key takeaways
Applicable standard concerning novelty
In order to be considered part of the state of the art (Art. 54 (1) EPC), an invention must be found clearly integrally, directly and unambiguously in one single piece of prior art and in its existing form, it must be identical in its constitutive elements, in the same form, with the same arrangement and the same features.
For lack of novelty to be found, the subject-matter of the invention must be derived directly and unambiguously from the prior art. This applies to all claim features.
Inventive step assessment includes formulation of an objective technical problem
Inventive step assessment includes establishing whether prior art serving as starting point was of interest to skilled person
Court may assess attacks document by document rather than novelty first, inventive step second
Dependent claims need to be defended separately and expressly
2. Division
LD Munich
3. UPC number
UPC_CFI_233/2023
4. Type of proceedings
Infringement Proceedings
Counterclaim for Revocation
5. Parties
Claimant: DexCom, Inc.
Defendants: Abbott Laboratories, Abbott Diabetes Care Inc., Abbott GmbH, Abbott Diagnostics GmbH, Abbott Logistics B.V., Abbott (S.A./N.V.), Abbott s.r.l., Abbott B.V., Abbott Scandinavia Aktiebolag, Abbott France (S.A.S.)
6. Patent(s)
EP 3 797 685
7. Body of legislation / Rules
Art. 54, 56, 138(1) EPC, Rule 30 RoP, Art. 65(2) UPCA
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