APL 39664/2024

—·EP3831283: ANALYTE SENSOR DEVICES, CONNECTIONS, AND METHODS

Case details: Status
—
Action
Appeal
Category
Main Appeal
Parties: Claimants
Abbott Diabetes Care Inc.
Reps: Wim Maas (Taylor Wessing); Eelco Bergsma (Taylor Wessing); Geert Theuws (Taylor Wessing); David Mulder (Taylor Wessing); Iris van der Heijdt (Taylor Wessing); Peter Haartsen (AOMB); Raimon Haan (AOMB); Teun van Berkel (AOMB)
Respondents
Sibio Technology Limited
Umedwings Netherlands B.V.
Reps: Thomas Gniadek (Simmons & Simmons); Sebastian Horleman (Simmons & Simmons); Fritz Lahrtz (Simmons & Simmons); Diptanil Debbarma (Simmons & Simmons)
Division: Court of Appeal
Judges: Rian Kalden · Presiding judge and judge-rapporteur
Ingeborg Simonsson · Legally qualified judge
Patricia Rombach · Legally qualified judge
Patrik Rydman · Technically qualified judge
Marc van der Burg · Technically qualified judge
Technology: Pharmaceutical & Medical
Language: —
First decided: Feb 14, 2025

Decisions

2025-02-14
PI grantedAppeal decisionAppeal RoP220.1
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.
Legal issues:Claim construction (means-plus-function)Added matter (novelty, inventive step)Infringement in provisional measures proceedingsGeneral injunction (Art. 67 UPCA)Order to provide information on origin and distribution channelsDelivery up of infringing productsUrgency and balance of interests in PI proceedingsContinuous glucose monitoring / CGM sensor technology

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