Context: Abbott Diabetes Care, known for glucose monitoring devices, is no stranger to Unified Patent Court (UPC) litigation. Last year, it struck a settlement based on a zero-zero cross-license with its rival Dexcom (December 26, 2024 ip fray article). And earlier this year, the UPC’s Court of Appeal (CoA) granted Abbott provisional measures (commonly referred to as a preliminary injunction (PI)) against Sibio and its European distributor Umedwings (February 19, 2025 ip fray article), reversing a June 2024 ruling by the Hague Local Division (LD).
What’s new: Today the Hague LD granted Abbott a PI over a different patent, EP4344633 (“Analyte sensor assemblies”), which has unitary effect. The PI relates to all of UPCland, with no long-arm element, and targets Sinocare’s GlucoMen iCan product, which is distributed by Menarini Diagnostics.
Direct impact: Theoretically the defendants can try to obtain a suspension (stay), but the hurdle for that is rather high. The final outcome, absent a settlement, will have to be determined in main proceedings with a full trial.
Wider ramifications: Abbott has another winning patent in its quiver for disputes with other competitors.
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Panel and counsel
The Hague LD: Presiding Judge Edger Brinkman, Judge-rapporteur Margot Kokke, Judge Camille Lignières (Paris, France) and Technically Qualified Judge Alain Dumont.
Counsel for Abbott: Taylor Wessing (lead counsel: Christian Dekoninck). In-house: Gael Tisack (Chief IP Counsel) and Jennifer Embry (Division Counsel, IP Litigation).
Counsel for Sinocare: Bird & Bird’s Tjibbe Douma.
Counsel for Menarini: Bird & Bird’s Edoardo Barbera.