UPC CFI 131/2024
Mar 20, 2024·EP3831283 · ANALYTE SENSOR DEVICES, CONNECTIONS, AND METHODS
Action number: ACT 14945/2024
- Case details
- StatusCase ClosedSet aside on appeal, Feb 14, 2025ActionProvisional measuresCategoryProvisional measures
- Parties
- Claimants
- Abbott Diabetes Care Inc.Operating co.
Representatives- Wim Maas-Taylor Wessing
- Eelco Bergsma-Taylor Wessing
Respondents- Sibio Technology LimitedOperating co.
- Umedwings Netherlands B.V.Operating co.
Representatives- Thomas Gniadek-Simmons & Simmons
- Division
- The Hague LD
- Technology
- InstrumentsMedical technology
- Language
- English
- First decided
- Jun 19, 2024
- Appealed
- Set aside by UPC CoA 382/2024 · Feb 14, 2025
| Preliminary injunction granted | Median days to first decision | |
|---|---|---|
| All UPC | 54% (38/70) | 124 |
| The Hague LD | Locked | Locked |
| Judge Edger Brinkman | Locked | Locked |
| Judge Petri Rinkinen | Locked | Locked |
| Judge Margot Kokke | Locked | Locked |
| Judge Renaud Fulconis | Locked | Locked |
At the UPC: Abbott Group (67 cases)·Sibio Technology Limited (15 cases)
This dispute contains 9 other proceedings
UPC CoA 884/2025·UPC CFI 781/2025·UPC CFI 780/2025·UPC CFI 230/2025·UPC CFI 491/2024 and 4 more
4 other defendants litigating the same or a related patent
UPC CFI 943/2026·UPC CFI 1613/2025·UPC CoA 899/2025·UPC CFI 624/2025
Start a free trial to see how each one ended.
More cases: The Hague LD·2024
- 2024-06-19Application for provisional measures
Summary: 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.
Show the legal issues (3)
- Preliminary injunction denied for likely invalidity on added matter (Art. 123(2) EPC)
- Balance of probabilities standard for patent validity in PI proceedings
- Added matter: connector support insertion direction
| Document title | Date | Public |
|---|---|---|
| Outcome of the Order | 2025-07-18 | Not public |
| sibio order | 2025-07-18 | Public |
| Outcome of the Order | 2025-07-18 | Not public |
| R. 262A Order | 2025-07-18 | Public |
| R. 262A Order | 2025-07-18 | Public |
| Comments pursuant to RoP264 | 2025-06-27 | Not public |
| Comments pursuant to RoP264 | 2025-06-27 | Not public |
| Comments pursuant to RoP264 | 2025-06-27 | Not public |
| Comments pursuant to RoP264 | 2025-06-27 | Not public |
| update on state of affairs | 2025-06-13 | Not public |
| update on state of affairs | 2025-06-13 | Not public |
| Receipt | 2025-03-19 | Not public |
| Application | 2025-03-19 | Not public |
| Application | 2025-03-19 | Not public |
| Exhibit S A 1 | 2025-03-19 | Not public |
| Exhibit S A 1 | 2025-03-19 | Not public |
| Application | 2025-03-19 | Not public |
| Acknowledgement-of-change-of-a-representative | 2025-02-20 | Not public |
| Application-RoP293-Receipt | 2025-02-20 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2025-02-20 | Not public |
| Application-RoP293 | 2025-02-18 | Not public |
| Application to Change a Representative | 2025-02-18 | Not public |
| Abbott's Rejoinder to Application for Costs Decision | 2024-12-24 | Not public |
| Exhibit 2 | 2024-12-02 | Not public |
| Comments pursuant to RoP264 | 2024-12-02 | Not public |
| Exhibit 1 | 2024-12-02 | Not public |
| Exhibit 1 | 2024-12-02 | Not public |
| Exhibit 2 | 2024-12-02 | Not public |
| Comments pursuant to RoP264 | 2024-12-02 | Not public |
| Sibio cost decision further submission dates | 2024-11-05 | Not public |
| Abbott comment on cost application | 2024-08-08 | Not public |
| Abbott can respond | 2024-07-30 | Not public |
| Outcome of the Order | 2024-07-25 | Not public |
| order R. 115 access to audio recording | 2024-07-25 | Public |
| Receipt | 2024-07-23 | Not public |
| Application | 2024-07-22 | Not public |
| Receipt | 2024-07-22 | Not public |
| Exhibit S CD 1 | 2024-07-19 | Not public |
| Application | 2024-07-19 | Not public |
| Headnote-and-Keywords | 2024-06-19 | Not public |
| Measures_DecisionOutcome_Notification.pdf | 2024-06-19 | Not public |
| order on preliminary measures | 2024-06-19 | Public |
| ORAL_HEARING_REFERENCING_ 14945-2024-OH_HAG-LOC_UPC202405229am | 2024-05-24 | Not public |
| ORAL_HEARING_REFERENCING_ 14945-2024-OH_HAG-LOC_UPC202405229am | 2024-05-24 | Not public |
| Acknowledgement-of-lodging | 2024-05-15 | Not public |
| Acknowledgement-of-lodging | 2024-05-15 | Not public |
| Exhibit S 9 | 2024-05-15 | Not public |
| Exhibit S 10 | 2024-05-15 | Not public |
| Exhibit S 12 | 2024-05-15 | Not public |
| Rejoinder Objection to the Application for provisional measures | 2024-05-15 | Not public |
| Exhibit S 11 | 2024-05-15 | Not public |
| Rejoinder Objection to the Application for provisional measures | 2024-05-15 | Not public |
| Exhibit S 12 | 2024-05-15 | Not public |
| Exhibit S 11 | 2024-05-15 | Not public |
| Exhibit S 10 | 2024-05-15 | Not public |
| Exhibit S 9 | 2024-05-15 | Not public |
| Rejoinder Objection to the Application for provisional measures | 2024-05-15 | Not public |
| Rejoinder Objection to the Application for provisional measures | 2024-05-15 | Not public |
| Exhibit S 10 | 2024-05-15 | Not public |
| Exhibit S 9 | 2024-05-15 | Not public |
| Exhibit S 12 | 2024-05-15 | Not public |
| Formal response to the Order of the Court | 2024-05-15 | Not public |
| Exhibit S 11 | 2024-05-15 | Not public |
| Exhibit S 11 | 2024-05-15 | Not public |
| Formal response to the Order of the Court | 2024-05-15 | Not public |
| Exhibit S 10 | 2024-05-15 | Not public |
| Exhibit S 9 | 2024-05-15 | Not public |
| Exhibit S 12 | 2024-05-15 | Not public |
| summons | 2024-05-15 | Not public |
| Summons oral hearing 22 May 2024 | 2024-05-15 | Public |
| Summons oral hearing 22 May 2024 | 2024-05-15 | Not public |
| Panel-Appointment | 2024-05-14 | Not public |
| R.9 to open workflow for rejoinder | 2024-05-14 | Public |
| Annex F5 | 2024-05-08 | Not public |
| Annex F4 | 2024-05-08 | Not public |
| Annex F1 | 2024-05-08 | Not public |
| Annex F11 | 2024-05-08 | Not public |
| Reply Abbott - EP 283 proceedings | 2024-05-08 | Not public |
| Annex F3 | 2024-05-08 | Not public |
| Annex F6 | 2024-05-08 | Not public |
| Reply Abbott - EP 283 proceedings | 2024-05-08 | Not public |
| Annex F9 | 2024-05-08 | Not public |
| Annex F8 | 2024-05-08 | Not public |
| Annex F10 | 2024-05-08 | Not public |
| Annex F2 | 2024-05-08 | Not public |
| Annex F7 | 2024-05-08 | Not public |
| Outcome of the Order | 2024-05-02 | Not public |
| Allocation of TQJ | 2024-05-02 | Public |
| Outcome of the Order | 2024-04-25 | Not public |
| Order Requesting a TQJ | 2024-04-25 | Public |
| Exhibit S 3 | 2024-04-23 | Not public |
| Formal response to the Order of the Court | 2024-04-23 | Not public |
| Bundle of Exhibits S 4.2 | 2024-04-23 | Not public |
| Bundle of Exhibits S 4.1 | 2024-04-23 | Not public |
| Exhibit S 7 | 2024-04-23 | Not public |
| Exhibit S 2 | 2024-04-23 | Not public |
| Exhibit S 5 | 2024-04-23 | Not public |
| Exhibit S 8 | 2024-04-23 | Not public |
| Exhibit S 1 | 2024-04-23 | Not public |
| Exhibit S 6 | 2024-04-23 | Not public |
| Exhibit S 1 | 2024-04-23 | Not public |
| Exhibit S 8 | 2024-04-23 | Not public |
| Exhibit S 6 | 2024-04-23 | Not public |
| Formal response to the Order of the Court | 2024-04-23 | Not public |
| Exhibit S 5 | 2024-04-23 | Not public |
| Bundle of Exhibits S 4.1 | 2024-04-23 | Not public |
| Exhibit S 7 | 2024-04-23 | Not public |
| Exhibit S 3 | 2024-04-23 | Not public |
| Bundle of Exhibits S 4.2 | 2024-04-23 | Not public |
| Exhibit S 2 | 2024-04-23 | Not public |
| Order R. 209.1 time lodging objection | 2024-04-22 | Public |
| Notification Of Service | 2024-04-03 | Not public |
| Email to representative Umedwings Netherlands B.V. | 2024-04-03 | Not public |
| Acknowledgement of access to case | 2024-04-02 | Not public |
| Acknowledgement of access to case | 2024-04-02 | Not public |
| Notification Of Service | 2024-03-29 | Not public |
| Email to representative Sibio Technology Limited | 2024-03-29 | Not public |
| Letter for Service | 2024-03-27 | Not public |
| Letter for Service | 2024-03-27 | Not public |
| Panel-Appointment | 2024-03-26 | Not public |
| Application-For-Measures-Receipt | 2024-03-21 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-03-21 | Not public |
| Application-For-Measures-Acknowledgement | 2024-03-20 | Not public |
| Annex C3 to PI Application | 2024-03-20 | Not public |
| Annex A1 to PI Application | 2024-03-20 | Not public |
| Annex E1 to PI Application | 2024-03-20 | Not public |
| Annex D2 to PI Application | 2024-03-20 | Not public |
| Annex C1 to PI Application | 2024-03-20 | Not public |
| Annex C4 to PI Application | 2024-03-20 | Not public |
| Annex D1 to PI Application | 2024-03-20 | Not public |
| Annex C5 to PI Application | 2024-03-20 | Not public |
| Annex C2 to PI Application | 2024-03-20 | Not public |
| Annex D3 to PI Application | 2024-03-20 | Not public |
| Annex C6 to PI Application | 2024-03-20 | Not public |
| Annex E2 to PI Application | 2024-03-20 | Not public |
| Annex B2 to PI Application | 2024-03-20 | Not public |
| Annex B1 to PI Application | 2024-03-20 | Not public |
| PI Application | 2024-03-20 | Not public |
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
RespondentLegal basis: Art. 123(2) EPCNote: 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
ClaimantLegal basis: Art. 123(2) EPCReason: 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
ClaimantLegal basis: Art. 69 UPCA; R. 118.5 RoPReason: Rejected: as applicant did not prevail, there was no basis for provisional cost reimbursement in its favour.
Browse other cases on this principle.
- WO 2011/119896Distinguished
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.