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UPC CFI 712/2025

Aug 7, 2025·EP1962668 · SANDWICH SENSOR FOR THE DETERMINATION OF AN ANALYTE CONCENTRATION

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Case details
Status
Case Closed
Action
Provisional measures
Category
Provisional measures
Parties
Claimants
Representatives
Respondents
Representatives
Division
Dusseldorf LD
Judges
Technology
  • Instruments
    Analysis of biological materials · Medical technology
  • Chemistry
    Biotechnology
Language
German
First decided
Oct 1, 2025
Last decision
Dec 5, 2025
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Preliminary injunction grantedMedian days to first decision
All UPC54% (38/70)124
Dusseldorf LDLockedLocked
Judge Ronny ThomasLockedLocked
Judge Jule SchumacherLockedLocked
Judge András KupeczLockedLocked
Judge Stefan WilhelmLockedLocked

At the UPC: Roche Group (29 cases)·A. Menarini Diagnostics s.r.l. (16 cases)

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Related cases
All proceedings on this patent

This dispute contains 2 other proceedings

UPC CFI 2107/2025·UPC CoA 934/2025

Start a free trial to see how each one ended.

More cases: Dusseldorf LD·2025

Decisions
  • 2025-12-05
    Application for provisional measuresPublic

    Summary: The Düsseldorf Local Division granted a preliminary injunction to Roche against A. Menarini Diagnostics for infringement of EP 1 962 668 B1 (implantable glucose sensor), ordering a recall and seizure of infringing sensors in France, Italy, and Germany, with an order to disclose distribution information and payment of EUR 32,051 provisional costs.

    Show the legal issues (4)
    • Preliminary injunction for implantable glucose sensor (CGM)
    • Product claim vs. process claim scope
    • Injunction covering manufacturing by third party outside contracting member states
    • Seizure and recall in France, Italy, Germany
  • 2025-10-01
    Application RoP262APublic

    Summary: The Düsseldorf Local Division (judge-rapporteur Dr. Schumacher) issued a confidentiality order under R. 262A RoP in the infringement proceedings brought by F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH against A. Menarini Diagnostics entities concerning EP 1 962 668 B1 (glucose sensor).

    Show the legal issues (2)
    • Confidentiality order (R. 262A RoP)
    • Glucose sensor patent infringement
Documents
Show all 248 documents
Document titleDatePublic
Case closed2026-04-20Not public
Publication2025-12-08Not public
Order2025-12-08Public
Decision2025-12-05Not public
Final Order2025-12-05Not public
Final Order2025-12-05Not public
Other Documents2025-11-17Not public
Order2025-11-03Not public
Order2025-11-03Public
Oral procedure opened2025-11-03Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Roche (F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH) obtained a preliminary injunction from the Düsseldorf Local Division against A. Menarini Diagnostics entities for infringement of EP 1 962 668 B1, covering an implantable sandwich sensor for glucose monitoring. The court issued a recall and seizure order in France, Italy, and Germany, set important headnotes on the relationship between product and process claims and on the territorial scope of manufacturing injunctions, and ordered EUR 32,051 provisional cost reimbursement.

Accepted arguments
What the court agreed with — by party.

  • Product claim scope is not limited by the corresponding independent process claim even where both are in the same patent

    ClaimantLegal basis: Headnote 1 of the order

    Note: Court held that an independent process claim and its corresponding description are only relevant to the scope of a product claim if the specification indicates the process also describes characteristics of the claimed product.

  • An injunction covering 'making' of the infringing product can be issued even if manufacturing currently occurs outside UPC contracting states

    ClaimantLegal basis: Headnote 2 of the order

    Note: Court confirmed that a manufacturing injunction may issue even where current production is by a third party outside contracting member states.

  • Menarini's implantable glucose sensor infringes EP 1 962 668 B1

    ClaimantLegal basis: Art. 62 UPCA

    Note: Preliminary injunction granted covering Germany, France, and Italy with recall, seizure, and disclosure orders.

Rejected arguments
What the court did not agree with — and why.

No rejected arguments captured.

Key legal principles
Doctrines and rules cited in the reasoning.
Independent process claim does not limit scope of independent product claim unless patent specification explicitly links process features to product characteristicsManufacturing injunction may cover products currently made outside contracting states by third partiesPurposive claim construction: scope of device claim determined by its structural features, not by unclaimed functions described elsewhere in the specification

Browse other cases on this principle.

Claim construction notes

The Düsseldorf court addressed the relationship between an independent product claim and an independent process claim in EP 1 962 668 B1. It held that the process claim is relevant to the product claim's scope only to the extent the specification indicates the process also describes properties of the claimed product itself. This limits any attempt by the defendant to narrow the product claim by importing limitations from the process claim.