The court invites the claimant to select those attacks it considers the strongest and to rank them in order of importance. Once the attacks so selected are found to be unfounded, the Court considers it justified not to examin the remaining attacks. This places substantial responsibility on the parties as regards the selection and prioritisation of their objections.

The court highlighted that a rehearing is an extraordinary legal remedy that, under Article 81(1) UPCA, may exceptionally be granted only if a final decision is tainted by a criminal act or a fundamental procedural defect. it is not available for mere errors or disagreements over the interpretation of the law or the assessment of the parties’ arguments or evidence.

The Court declared the infringement, enjoined the defendant from any further marketing of infringing machinery, setting a penalty of €12,000 for any further infringement, and ordered an interim award of damages in the amount of €15,000.

The decision was issued in 12 months and revoked the DexCom patent, dismissing its infringement claim. The decision is now effective in the 17 EU Member States that have ratified the UPC Agreement; it may however be appealed.

The LD ordered that the language of the proceedings (Dutch) be changed to English, i.e. the language of the patent, to avoid considerable translation time and costs for the defendant.

The Unified Patent Court or UPC is a new court common to the EU Member States that have signed and ratified its founding agreement. Here’s an overview of its structure and jurisdiction.