APL_39664/2024
ANALYTE SENSOR DEVICES, CONNECTIONS, AND METHODS
Kläger
- Abbott Diabetes Care Inc.(Abbott Group)
Beklagte
- Sibio Technology Limited
- Umedwings Netherlands B.V.
- Rian KaldenPresiding judge and judge-rapporteur
- Ingeborg SimonssonLegally qualified judge
- Patricia RombachLegally qualified judge
- Patrik RydmanTechnically qualified judge
- Marc van der BurgTechnically qualified judge
- EP 3 831 283
Sektor: Pharmaceutical & Medical
Court of Appeal Panel 2 set aside the The Hague Local Division's refusal to grant provisional measures, and granted a preliminary injunction in favour of Abbott Diabetes Care Inc. against Sibio Technology Limited and Umedwings Netherlands B.V. concerning EP 3 831 283 (continuous glucose monitoring device). The Court found the patent valid (overcoming added matter and other validity challenges) and likely infringed by Sibionics' GS1 Device. A general injunction was ordered against all infringing acts in UPC Contracting Member States. Sibionics was also ordered to provide origin/distribution chain information and to deliver up infringing products. Penalty payments of EUR 10,000 per infringing product or EUR 100,000 per day were imposed.