No "German injunction gap" expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses "some regret"
The IPKat
SEPTEMBER 12, 2021
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 ". The injunction gap arises in Germany because infringement is decided before and separately to validity.
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