Abbott Laboratories Limited v Dexcom Incorporated [2021] EWHC 2246 (Pat)
This was an application for expedition of patent revocation proceedings to address concerns about the German ‘injunction gap’.
Abbott and Dexcom supply glucose monitoring devices, and each party claimed patent infringement in respect of the other’s products. Litigation was already underway in Germany, where Abbott’s European distribution hub is located, and an injunction there may have impacted upon Abbott’s ability to distribute in the UK. Abbott thus commenced patent revocation proceedings against Dexcom in the UK and sought expedition with the aim of securing a validity decision to use in Germany.
The Judge (Mellor J) encouraged the parties to try to agree bilateral undertakings in respect of the German litigation. They were unable to do so, but Dexcom offered unilaterally not to enforce any German injunction in respect of the distribution of products from Germany to the UK. The Court then refused expedition, because Abbott had not shown a sufficiently good reason.
Iain Purvis QC and Christopher Hall acted for the Respondent, Dexcom.