2025-01-16 - LD Paris - Abbott v. DexCom - UPC_CFI_425/2023
- Aktenzeichen:
- UPC_CFI_425/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Local Division
- Art:
- Decision
- Parteien:
- Abbott Diabetes Care Inc. v. Dexcom Inc., Dexcom International Limited, Dexcom France SAS
Kernaussage: The Paris Local Division permitted Abbott to withdraw its infringement action and Dexcom to withdraw its counterclaims for revocation under Rule 265 RoP, closed the proceedings and left each party to bear its own costs.
2025-01-16 - LD Paris - Abbott
v.
DexCom - UPC_CFI_425/2023
notable
The Paris Local Division permitted Abbott to withdraw its infringement action and Dexcom to withdraw its counterclaims for revocation under Rule 265 RoP, closed the proceedings and left each party to bear its own costs. The reimbursement point is what makes the decision worth reading: only Dexcom had applied for reimbursement of court fees, claiming 20% under Rule 370.9(b)(iii) RoP, and the judge-rapporteur informed the parties by email that the Court was considering Rule 370.9(e) RoP to deny or reduce the reimbursement because the withdrawal came after the oral hearing and days before the merits decision was due. Dexcom withdrew the reimbursement application the same day, so the Court decided nothing on the point and merely recorded the withdrawal. The decision therefore contains no ruling on Rule 370.9(e) RoP, but it records the Court raising it on its own initiative against a very late withdrawal.