UPC CFI 130/2024

Abbott has sufficient legitimate interest in the injunction notwithstanding Sibio's unilateral cease-and-desist declaration, because no breach of the undertaking has been asserted and the action is not devoid of purpose

Note: Court held that there remained a need to adjudicate and the action was not devoid of purpose despite the defendants' voluntary exit from the market.

All conditions under R. 211 RoP for a preliminary injunction are met — standing, validity, infringement, and balance of interests

Note: Defendants had left the relevant markets, so had no legitimate interest in opposing the preliminary injunction; Abbott's interests outweighed theirs.

Sibio's late-raised argument at oral hearing that Abbott acted with unreasonable delay (GS1 known since October 2023) was inexcusably late and lacked legal conclusion

Note: Court rejected the delay argument as unsubstantiated, lacking legal conclusion, and raised too late given the parties had pre-agreed to only 10 minutes of pleading time each.

Application for information disclosure (sub (b) of the order sought)

Reason: Court found insufficient legitimate interest within provisional measure proceedings: Abbott was already sufficiently aware of the requested information or the unilateral undertaking already provided it, and no breach had been asserted.

Action is devoid of purpose because defendants already ceased infringement

Reason: Court held there was still a need to adjudicate: the cease-and-desist declaration did not eliminate legal interest in an injunction covering all relevant markets.

Abbott acted with unreasonable delay

Reason: Argument was inconclusive, unsubstantiated, and raised inexcusably late (only at oral hearing despite extensive prior written procedure); did not actually plead unreasonable delay as a legal conclusion.

Security for costs of enforcement should be ordered

Reason: Court found no damages could be envisaged from enforcement given defendants were largely absent from the market; ex officio no security required.