DexCom v Abbott (UPC_CFI_230/2023)
Decision date:
04 July 2024
Osborne Clarke summary
- DexCom's patent was revoked for lack of inventive step, even though the patent had survived EPO opposition proceedings.
- The Paris LD considered that the skilled person could be defined as a group.
- When assessing novelty, the court stated that "[i]n order to be considered part of the state of the art, an invention must be found integrally, directly and unambiguously in one single piece of prior art…".
- Inventive step was assessed using the problem-solution approach.
- DexCom's infringement action was dismissed.
Issue
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