2024-06-19 - LD The Hague - Abbott v. Sibio Technology - UPC_CFI_131/2024
- Aktenzeichen:
- UPC_CFI_131/2024
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Proceeding Decision
- Parteien:
- Umedwings Netherlands B.V., Sibio Technology Limited v. Abbott Diabetes Care Inc.
Kernaussage: Application for provision measures R.
2024-06-19 - LD The Hague - Abbott
v.
Sibio Technology - UPC_CFI_131/2024
Application for provision measures R. 206 RoP. Application for provisional measures denied. On the balance of probabilities patent will more
likely than not be held to be invalid in proceedings on the merits, due to added matter.
notable
The Hague Local Division refused Abbott's application for a preliminary injunction on EP 3 831 283 against Sibio and Umedwings because, on the balance of probabilities, claim 1 and the asserted dependent claims of the patent are more likely than not to be held invalid for added matter. Applying R. 211.2 RoP in conjunction with Art. 62(4) UPCA, the court articulated a 'more likely than not' standard and allocated the burden of proof: applicant must show entitlement, infringement and validity; defendant must show invalidity. On the merits, the court applied the EPO 'gold standard' disclosure test and held that claim 1 was the result of an unallowable intermediate generalisation — it omitted the elastomeric seal in the recess of the base portion that was disclosed only in combination with the recess feature in the original embodiments (Figs. 36–38 and 47A–C). The original application could not be treated as a reservoir of features from which the proprietor could pick and choose without a pointer.
Stichwörter
added matter, provisional measures, validity
Nichtigkeitsgründe
vorläufig ·Art. 138 EPCAdded Matter
Preliminarily found invalidArt. 123(2) EPC · Art. 138(1)(c) EPC
“Court held on the balance of probabilities that claim 1 and asserted dependents more likely than not contain added matter via an unallowable intermediate generalisation — recess in base portion disclosed in original application only in combination with elastomeric seal, which was omitted from granted claim 1 [5.1]-[5.4], [6]-[8], [9]. Defendants' added matter attack succeeded at PI stage.”