2024-07-04 - LD Paris - DexCom v. Abbott - UPC_CFI_230/2023

The scope of the dispute brought before the Court is incontestably governed by the principle that the parties define the subject-matter of the dispute, a general principle of law which is reiterated in Art. 76(1) of the UPC Agreement and which, moreover, allows the claimant in the main action to exclude certain acts of infringement in order to avoid the inconvenience of parallel jurisdictions between the UPC and national courts during the transitional period provided for in Art. 83 of the Agreement ("carve out"). However, this principle cannot restrict a defendant in its challenge to the validity of the European patent which is being asserted against it since no legal text that is binding upon UPC law expressly states such a restriction. It is not necessary to apply Art. 71c for the UPC to be governed by the Brussels Ibis. Art. 29 to 30 of the Brussels Ibis are directly applicable to the UPC. Moreover, Art. 31 of the UPC Agreement governing its international jurisdiction clearly states: "The international jurisdiction of the Court shall be established in accordance with Regulation (EU) No 1215/2012".

Revocation of patent and dismissal of infringement action, extensive decision