ACT 14945/2024
—·EP3831283: ANALYTE SENSOR DEVICES, CONNECTIONS, AND METHODS
- Verfahrensdetails
- Status—VerfahrensartEinstweilige VerfügungKategorieEinstweilige Maßnahmen
- Parteien
- Division
- The Hague LD
- Richter
- Edger Brinkman · Presiding judge, judge-rapporteur
- Petri Rinkinen · Legally qualified judge
- Margot Kokke · Legally qualified judge
- Renaud Fulconis · Technically qualified judge
- Technology
- Pharmaceutical & Medical
- Sprache
- —
- Erste Entscheidung
- 19. Juni 2024
- 2024-06-19PI abgelehntEinstweilige VerfügungApplication for provisional measures
Application for a preliminary injunction by Abbott Diabetes Care Inc. against Sibio Technology Limited and Umedwings Netherlands B.V. concerning EP 3 831 283 (wearable glucose monitoring device) was denied by The Hague Local Division. The court found it more likely than not that claim 1 of the patent would be held invalid for added matter (the claimed feature of a connector support being received through a distal-facing opening into a recess was not directly and unambiguously derivable from the application as filed). As a result, Abbott must bear defendants' costs. Value of the action set at EUR 4,000,000.
Rechtsfragen:Preliminary injunction denied for likely invalidity on added matter (Art. 123(2) EPC)Balance of probabilities standard for patent validity in PI proceedingsAdded matter: connector support insertion direction
- B795BDBFB68572F1FB4F4A084D818E0F_en.pdf2024-06-19ENGLISH
Abbott Diabetes Care Inc. applied for provisional measures before The Hague Local Division against Sibio Technology Limited and Umedwings Netherlands B.V. concerning EP 3 831 283, a wearable glucose monitoring device patent. The court denied the preliminary injunction, finding on the balance of probabilities that claim 1 would more likely than not be held invalid for added matter, as the feature specifying the direction of coupling of the connector support through the distal-facing opening into the recess was not directly and unambiguously derivable from the application as filed.
Claim 1 more likely than not invalid for added matter: feature of connector support received through distal-facing opening into recess not directly and unambiguously derivable from application as filed
BeklagterRechtsgrundlage: Art. 123(2) EPCHinweis: The Hague Local Division found on balance of probabilities that the claimed feature specifying the direction of coupling (from below/distal side) of the connector support through the opening into the recess was not directly and unambiguously disclosed in the application as filed, as the cited embodiments worked in the reverse direction or required combination of separate passages without a pointer.
Feature of connector support received through distal-facing opening into recess is supported by multiple passages and figures in the application as filed
KlägerRechtsgrundlage: Art. 123(2) EPCBegründung: The court found that the cited passages and figures either showed a different embodiment requiring combination without a pointer, or showed the coupling direction working in the reverse manner to what claim 1 recites; no single passage/figure directly and unambiguously disclosed all features together in the claimed configuration.
Provisional reimbursement of costs ordered in favour of applicant
KlägerRechtsgrundlage: Art. 69 UPCA; R. 118.5 RoPBegründung: Rejected: as applicant did not prevail, there was no basis for provisional cost reimbursement in its favour.
Weitere Fälle zu diesem Grundsatz ansehen.
- WO 2011/119896Abgegrenzt
The critical feature under construction was 'a connector support received through a distal-facing opening into a recess' in the enclosure's bottom portion. The court found this feature characterises a specific coupling direction (from below/distal side), which Abbott itself relied upon to distinguish prior art WO 2011/119896, but which was not directly and unambiguously derivable from the application as filed. The embodiments cited by Abbott either showed reverse coupling or required impermissible combination of separate passages.