2025-10-17 - LD The Hague - Abbott v. Sinocare et al. - UPC_CFI_624/2025

1. Patent claims sensor assembly and kit for continuous glucose monitoring. Preliminary injunction deemed urgent and necessary to prevent entry of reimbursement segment of the market. 2. Requested declaration that the infringing products are "goods suspected of infringing an intellectual property right" (Art.2(7)(a) of Regulation (EU) No 608/2013) dismissed. 3. Some (parts of) requested additional corrective measures dismissed as not urgent or unnecessary or disproportionate

The Hague Local Division granted a provisional injunction over a unitary patent on continuous glucose monitoring, and in doing so drew a line through the information order that other divisions have granted whole. Disclosure of origin and distribution channels is urgent and necessary, because it lets the patentee prevent further infringement by third parties; disclosure of prices, sales volumes, costs and profits serves only the calculation of damages and is premature at the provisional stage. Jurisdiction over the Chinese manufacturer rested on Art. 71b(2) with Art. 7(2) Brussels Ia, the manufacturer being named in the Eudamed entry and in the user guide and having announced a joint European launch with the distributor. On construction, 'distal' means away from the user's hand rather than resting on the skin, and a seal 'shaped to enclose' the contacts is not confined to the two-half embodiment of Fig. 34 — which distinguishes this patent from the family member the Court of Appeal construed in Abbott v Sibio, where the figure was written into the claim. The validity defences on novelty, inventive step and sufficiency all failed.