Key takeaways
Amendments to counterclaims are permissible even after the initial pleadings have been filed
The court emphasized that it will grant leave to amend when the amendment could not have been reasonably submitted earlier, such as when the opposing party makes an unexpected procedural move. This approach ensures fairness and allows the real issues in dispute to be properly presented. This is based on Rule 263.2 RoP.
The court prioritizes procedural fairness
The court demonstrated this by allowing the defendant to the counterclaim 30 days to respond to the amended counterclaim, ensuring ample opportunity to prepare arguments against the new non-infringement claim.
Division
The Hague – Local Division
UPC number
ACT_586899/2023, App_44663/2024, ORD_45344/2024
ACT_586899/2023, App_44664/2024, ORD_45345/2024
Type of proceedings
Infringement Action / Counter Claim for revocation – amendment of counter claim
Parties
Claimant in the counter claim (Defendant in the main infringement claim): Dexcom Inc. and Dexcom International Limited
Defendant in the counter claim (Claimant in the main infringement claim): Abbott Diabetes Care Inc.
Patent(s)
EP 4 070 727
Body of legislation / Rules
Rule 263.2 RoP
