‘No “German injunction gap” expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses “some regret”’

“After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. The second of these decisions, Abbott v Dexcom [2021] EWHC 2246, concerned Abbott’s latest application to expedite a patent trial revoking four of Dexcom’s patents. Mr Justice Mellor dismissed the application ‘with some regret’. A primary motivation for Abbott’s expedition application was to obtain a UK court decision on the validity of four European patents in order to influence a German court considering infringement of the German EP equivalents and to prevent the problems of the ‘injunction gap’ …” (more)

[Annsley Merelle Ward, The IPKat, 12 September]

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