Abbot lands another PI for glucose-monitoring devices

The UPC’s Milan local division under presiding judge Pierluigi Perrotti granted Abbott a preliminary injunction (case ID: UPC CFI no. 1086/2026). As a result, SiBio may no longer offer its glucose-monitoring system (CGM) GS3-R or components thereof, or import or store it within the UPC’s jurisdiction. In addition, SiBio must disclose to Abbott the full names and addresses of the sources and distribution channels of the GS3-R system.

In addition to judge rapporteur Perrotti, the legally qualified judges were Alima Zana and Samuel Granata, while the technically qualified judge was Steen Wadskov-Hansen. The judges set the value of the proceedings at €4 million.

The decision centres on Abbott’s patent EP 3 960 072 B1, which protects compact on-body physiological monitoring devices and methods thereof for glucose-monitoring devices. The patent relates to a glucose sensor insertion assembly for positioning an on-body patch device, including a sensor and sensor electronics assembly. The EPO granted the patent in 2024. The Opposition Division issued its non-binding preliminary opinion on 13 April 2026, followed by an addendum dated 2 July 2026. Abbott withdrew its original opt-out in August 2025.

Abbott takes action

On 27 March 2026, Abbott filed an application for a provisional measure. Abbott developed and was a market leader in solutions for CGM systems for diabetes. In 2014, it launched the FreeStyle Libre CGM system. Abbott was the main supplier of CGM products in the contracting member states and Spain, serving over 1.3 million patients with its products and holding a substantial market share.

The defendant, SiBio, is a Chinese company which, through various subsidiaries, distributes its competing products in the European countries of Bulgaria, Germany, Italy, Latvia, Lithuania, and Slovenia.

Abbott had previously filed an application for interim measures before the The Hague local division against MicroTech Medical (Hangzhou) Co., Ltd. and six other related parties. The court granted the requested provisional measures by order of 6 February 2026. The parties did not appeal.

The hearing in the current case took place in Milan in mid-July following two rounds of written submissions. Proceedings on the merits must now be initiated within one month of the decision. The appeal period for the interim injunction is still running.

Conflicting rulings

Abbott has been litigating against various competitors such as Dexcom at the UPC and national courts over its CGM patents for several years. The Chinese companies SiBio Technologies and Sinocare also have these devices in their portfolios and are currently seeking to establish themselves in Europe. To prevent this, Abbott has brought proceedings against all three competitors at the UPC. Whilst Dexcom and Abbott settled their dispute in January, the proceedings against the two Chinese companies continue.

This summer, The Hague division of the UPC issued two conflicting rulings in the dispute over CGM devices between market leader Abbott and Chinese newcomer SiBio, along with the latter’s distribution partner Umedwings. In one case, the judges, led by presiding judge Edger Brinkman, rejected an application for a preliminary injunction. In a second case, they granted Abbott the preliminary injunction, with the result that SiBio may no longer distribute its CGM devices in Germany, France, the Netherlands, and Ireland. One interesting aspect of The Hague’s decision is that the judges have also issued the preliminary injunction for Ireland. Although Ireland has signed the UPC Agreement, the country has not yet ratified it.

SiBio brings in Clifford Chance

Abbott Diabetes Care is working with a team led by Dutch partner Wim Maas of Winston Taylor. The predecessor firm, Taylor Wessing, has been Abbott’s go-to law firm for years. Eelco Bergsma and Wim Maas led Abbott’s defence in both Dutch proceedings. The London partners Matthew Royle, Nigel Stoate, and Chris Thornham provided support. Abbott obtained technical advice from the two AOMB patent attorneys Peter Haartsen and Raimond Haan. Partner Roland Küppers is in charge of the proceedings in Düsseldorf.

SiBio and its various Chinese and German subsidiaries have been working with Clifford Chance since the autumn, under the leadership of David Por in Paris. The team also includes Cyril Riffaud and Eva Lustman from Paris, as well as Matteo Martini from Düsseldorf. This team also represented the company in the appeal in the nullity action against EP 3 831 283. The Court of Appeal upheld the patent in August 2026.

The UK team at Clifford Chance, led by Stephen Reese and Don McCombie, has taken over the UK proceedings against Abbott.

In previous proceedings, SiBio had worked with a team from Simmons & Simmons led by Thomas Gniadek. However, Gniadek has not worked with SiBio since the turn of the year when he joined Hoffmann Eitle. In the parallel proceedings in Italy and at the EPO, however, SiBio continues to work with a team from Simmons & Simmons led by Stefania Bergia. SiBio has also achieved successes in these proceedings.