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ARTICLE · 26 DECEMBER 2024

Auxiliary Requests Refused Due To UPC's Strict Added Matter Requirements

J A Kemp
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J A Kemp

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In the latest decision in the DexCom vs Abbott saga at the UPC, the Paris Local Division refused DexCom's three auxiliary requests to amend on the ground of added matter.

United StatesIntellectual Property
Martin Jackson
Martin Jackson
Ravi Srinivasan
Ravi Srinivasan
Jimmy Nicholls
Jimmy Nicholls
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In the latest decision in the DexCom vs Abbott saga at the UPC, the Paris Local Division refused DexCom's three auxiliary requests to amend on the ground of added matter. The decision sheds further light on the UPC's approach to the assessment of added matter, and in particular confirms that the UPC is not substantially deviating from the EPO's strict requirements.

The Paris Local Division's decision relates to UPC CFI 395/2023, a case in which the proprietor of EP3831282, Dexcom, lodged an infringement action against 14 Abbott entities. The Abbott entities filed a counterclaim for revocation with their statement of defence, in response to which DexCom submitted three auxiliary requests to amend the patent. In Abbott's rejoinder to DexCom's defence to the counterclaim for revocation, an objection of added matter was raised for the first time against the claims of the patent as granted, as well as the three auxiliary requests.

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