UPC CoA 382/2024

At the UPC: Abbott Group (67 cases)·Sibio Technology Limited (15 cases)

• 2025-02-14
  Appeal RoP220.1Public

  Summary: 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.

  Show the legal issues (8)

  • Claim construction (means-plus-function)
  • Added matter (novelty, inventive step)
  • Infringement in provisional measures proceedings
  • General injunction (Art. 67 UPCA)
  • Order to provide information on origin and distribution channels
  • Delivery up of infringing products
  • Urgency and balance of interests in PI proceedings
  • Continuous glucose monitoring / CGM sensor technology
• 2024-07-26
  Public

  Summary: 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).

  Show the legal issues (3)

  • Auxiliary requests on appeal Rule 222.2 RoP
  • Amendment of claim
  • Preliminary injunction appeal