Main Details: Registry number App_36267/2024 Date 31. Juli 2024 Parties Dexcom France SAS, Dexcom Inc., Dexcom International Limited, Abbott Diabetes Care Inc. v. Abbott Diabetes Care Inc. Order/Decision reference ORD_36398/2024 Type of action Order Communicate Information Language of Proceedings English Court - Division Court of First Instance - Paris (FR) Local Division English Headnotes: 1. The request for disclosure of information on the basis of R.191 RoP may be admissible in ongoing proceedings and even before the existence of an infringement has been decided, should this be necessary for the investigation of the case at that stage of the proceedings. 2. The Court points out that a request for information under R.191 RoP must be sufficiently justified and proportionate in order to be granted. 3. The Court considers that the request under R.191 RoP is not sufficiently justified as the applicant fails to demonstrate that the requested information is reasonably necessary for the purpose of advancing that party’s case in accordance with Art. 67(1) UPCA and R. 191 RoP. English Schlüsselwörter: Art. 67 UPCA, R.191 RoP Back to Decisions and Orders
Main Details: Registry number App_36267/2024 Date 31. Juli 2024 Parties Dexcom France SAS, Dexcom Inc., Dexcom International Limited, Abbott Diabetes Care Inc. v. Abbott Diabetes Care Inc. Order/Decision reference ORD_36398/2024 Type of action Order Communicate Information Language of Proceedings English Court - Division Court of First Instance - Paris (FR) Local Division English Headnotes: 1. The request for disclosure of information on the basis of R.191 RoP may be admissible in ongoing proceedings and even before the existence of an infringement has been decided, should this be necessary for the investigation of the case at that stage of the proceedings. 2. The Court points out that a request for information under R.191 RoP must be sufficiently justified and proportionate in order to be granted. 3. The Court considers that the request under R.191 RoP is not sufficiently justified as the applicant fails to demonstrate that the requested information is reasonably necessary for the purpose of advancing that party’s case in accordance with Art. 67(1) UPCA and R. 191 RoP. English Schlüsselwörter: Art. 67 UPCA, R.191 RoP Back to Decisions and Orders