UPC CoA 382/2024
Jul 3, 2024·EP3831283: ANALYTE SENSOR DEVICES, CONNECTIONS, AND METHODS
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- Division
- Court of Appeal
- Technology
- Pharmaceutical & Medical
- Language
- —
- First decided
- Jul 26, 2024
- Last decision
- Feb 14, 2025
- 2025-02-14PI 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 - 2024-07-26Generic application
The Court of Appeal's standing judge ruled on Sibio/Umedwings' application to disregard Abbott's four auxiliary requests filed in the Statement of Appeal in preliminary injunction proceedings relating to EP 3 831 283 (glucose monitoring).
Legal issues:Auxiliary requests on appeal Rule 222.2 RoPAmendment of claimPreliminary injunction appeal
| Document title | Date | Public |
|---|---|---|
| Outcome of the Order | 2025-02-19 | Not public |
| Close workflow | 2025-02-19 | Public |
| Outcome of the Order | 2025-02-19 | Not public |
| Close workflow | 2025-02-19 | Public |
| Acknowledgement-of-lodging | 2025-02-14 | Not public |
| Headnote-and-Keywords | 2025-02-14 | Not public |
| Decision-On-Appeal-On-Measures-Outcome | 2025-02-14 | Not public |
| Final order | 2025-02-14 | Public |
| Headnote-and-Keywords | 2025-02-14 | Not public |
| Hearing Reference | 2024-12-20 | Not public |
| Hearing Reference | 2024-12-20 | Not public |
| Interim-Procedure-Closure | 2024-11-13 | Not public |
| Summon-Oral-Hearing | 2024-11-13 | Not public |
| Summons to oral hearing | 2024-11-13 | Public |
| Interim-Conference-Decision | 2024-11-13 | Not public |
| Acknowledgement-of-lodging | 2024-08-27 | Not public |
| Acknowledgement-of-lodging | 2024-08-27 | Not public |
| Statement of Response to Appeal | 2024-08-27 | Not public |
| Bundle of Exhibits S 4.1 | 2024-08-27 | Not public |
| Exhibit D 8 | 2024-08-27 | Not public |
| Exhibit D 9 | 2024-08-27 | Not public |
| Exhibit D 10 | 2024-08-27 | Not public |
| Exhibit S A 1 | 2024-08-27 | Not public |
| Exhibit S A 1 | 2024-08-27 | Not public |
| Exhibit S A 1 | 2024-08-27 | Not public |
| Bundle of Exhibits S 4.1 | 2024-08-27 | Not public |
| Statement of Response to Appeal | 2024-08-27 | Not public |
| Exhibit D 9 | 2024-08-27 | Not public |
| Exhibit D 8 | 2024-08-27 | Not public |
| Exhibit D 10 | 2024-08-27 | Not public |
| Exhibit S A 1 | 2024-08-27 | Not public |
| Panel-Appointment | 2024-08-26 | Not public |
| Outcome of the Order | 2024-08-15 | Not public |
| Final Order | 2024-08-15 | Public |
| Comments pursuant to RoP264 | 2024-07-29 | Not public |
| Comments pursuant to RoP264 | 2024-07-29 | Not public |
| Outcome of the Order | 2024-07-26 | Not public |
| Outcome of the Order | 2024-07-26 | Not public |
| Order on response to time extension pursuant to R.9 RoP | 2024-07-26 | Public |
| Receipt | 2024-07-25 | Not public |
| Response Abbott to application Sibionics pursuant to R 9.1 RoP re auxiliary requests | 2024-07-25 | Not public |
| Order on request for extension pursuant to R.9 RoP | 2024-07-23 | Public |
| Preliminary order on R263 request | 2024-07-22 | Not public |
| Receipt | 2024-07-19 | Not public |
| Application | 2024-07-19 | Not public |
| Receipt | 2024-07-15 | Not public |
| Receipt | 2024-07-15 | Not public |
| Acknowledgement-of-lodging | 2024-07-15 | Not public |
| Annex 1 - Statement of Appeal | 2024-07-15 | Not public |
| Application for leave to change the claim RoP 263 | 2024-07-15 | Not public |
| Application for leave to change the claim RoP 263 | 2024-07-15 | Not public |
| Annex 1 - Statement of Appeal | 2024-07-15 | Not public |
| Receipt | 2024-07-15 | Not public |
| Panel-Appointment | 2024-07-15 | Not public |
| Receipt | 2024-07-15 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-07-15 | Not public |
| Application for leave to change the claim RoP 263 | 2024-07-08 | Not public |
| Acknowledgement-of-lodging | 2024-07-03 | Not public |
| Annex G2 | 2024-07-03 | Not public |
| Annex G5 | 2024-07-03 | Not public |
| Annex G3 | 2024-07-03 | Not public |
| Annex G4 | 2024-07-03 | Not public |
| Statement of Appeal including Statement of Grounds | 2024-07-03 | Not public |
| Annex G1 | 2024-07-03 | Not public |
| Annex G6 | 2024-07-03 | Not public |