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
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In the present case, service of the Statement of Claim was delayed for some of the fourteen 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.
Division
Paris Local Division
UPC number
UPC_CFI_395/2023
Type of proceedings
Infringement Action
Parties
Claimant:
- DexCom, Inc.
Defendants:
- Abbott (Abbott Laboratories, Abbott Diabetes Care Inc., Abbott France, Abbott, Abbott B.V., Abbott S.r.l., Abbott Scandinavia Aktiebolag, Abbott Oy, Abbott Gesellschaft m.b.H., Abbott Laboratories A/S, Abbott GmbH, Abbott Diagnostics GmbH, Abbott Logistics B.V.)
- Newyu, Inc.
Patent(s)
EP3831282
Body of legislation / Rules
Rule 23 RoP; Rule 9.3 and Rule 334 (a) and (b) RoP
