2024-06-19 - LD The Hague - Abbott v. Sibio Technology - UPC_CFI_130/2024
- Aktenzeichen:
- UPC_CFI_130/2024
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Proceeding Decision
- Parteien:
- Sibio Technology Limited, Umedwings Netherlands B.V. v. Abbott Diabetes Care Inc.
Kernaussage: Application for provisional measures (R.
2024-06-19 - LD The Hague - Abbott
v.
Sibio Technology - UPC_CFI_130/2024
Application for provisional measures (R. 206 RoP). Order granted in part (R. 211 RoP). Sufficient interest in this case despite unilateral cease-and-desist declaration (yes). Application is not devoid of purpose (R. 360 RoP). Competence for Ireland not contested.
notable
The Hague Local Division granted Abbott a preliminary injunction against Sibio and its EU importer Umedwings for infringement of EP 2 713 879 covering continuous glucose monitoring devices, in Germany, France, the Netherlands and Ireland. The defendants did not challenge validity, infringement or urgency but argued that a unilateral cease-and-desist declaration rendered the application devoid of purpose under R. 360 RoP. The court held that a unilateral undertaking does not by itself remove the applicant's legitimate interest where the undertaking lacks an irrevocable penalty and the defendant has in fact continued sales after the declaration. Competence over Ireland — a UPCA signatory that has not yet ratified — was confirmed on the basis of Art. 31 UPCA read with the Brussels I Recast (Regulation 1215/2012), with the Local Division finding itself territorially competent under Art. 33 UPCA because (threatened) infringement occurred in the Netherlands.
Stichwörter
provisional measures, competence, legitimate interest, cease-and-desist declaration