2026-02-27 - CoA - Sibio Technology v. Abbott - UPC-COA-0000884/2025
- Aktenzeichen:
- UPC-COA-0000884/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Sibio Technology Limited v. Abbott Diabetes Care Inc.
Kernaussage: The CoA rejected Sibio's R.
2026-02-27 - CoA - Sibio Technology
v.
Abbott - UPC-COA-0000884/2025
notable
The CoA rejected Sibio's R.36 request for further written pleadings regarding Abbott's auxiliary requests. The court established that auxiliary requests submitted at first instance automatically form part of the appeal proceedings under R.222.1 RoP — there is no need to 'refile' them on appeal. Maintaining ARs and the conditional request to uphold the patent according to an AR is not a cross-appeal. Abbott does not disagree with the first-instance decision and does not request another outcome — it simply maintains what it already requested. R.226 RoP does not mean that a party need not address ARs that the first-instance court did not need to decide. Sibio had the opportunity to address the ARs at first instance and in its Grounds of Appeal, and will have opportunity at the oral hearing.