UPC Court of Appeal upholds Abbott’s glucose sensor patent: rejects Sibio’s added matter, inventive step attacks

Context: Abbott Diabetes Care and Sibio Technology have been locked in a Europe-wide dispute over Abbott’s EP3831283 (“Analyte sensor devices, connections, and methods”), which covers a continuous glucose monitor, since Sibio’s China-made GS1 device reached the European market through a Dutch distributor. In February 2025, the Court of Appeal (CoA) reversed a Hague Local Division (LD) refusal and granted Abbott a preliminary injunction (PI) against Sibio, finding that the omission of an elastomeric sealing member from the patent’s claim did not amount to added matter (February 19, 2025 ip fray article). Sibio separately filed a revocation action against the patent before the Paris seat of the Central Division (CD), repeating its added matter argument and adding a lack of inventive step attack. The CD Paris dismissed that action on July 21, 2025, and Sibio appealed to the CoA (July 21, 2025 ip fray UPC Roundup section 6.2).