Abbott launches new wave of CGM patent lawsuits against SiBio in Europe

Abbott Diabetes Care has accused SiBio Technology products of infringing central patents for its continuous glucose-monitoring devices. The California-based medical device company has therefore filed three PI claims against SiBio Technology, which is based in China, and its sales partner Umedwings at the Unified Patent Court.

Litigation concerning medical devices is among the UPC’s most frequent, with the glucose-monitoring device business promising billions in profits. The UPC case search shows that Abbott started two PI proccedings at The Hague local division under presiding judge Edger Brinkman over EP 2 713 879 B1 and EP 3 831 283 B1 (case IDs: ACT_14944/2024 and ACT_14945/2024). Another PI case reached the Düsseldorf local division under presiding judge Ronny Thomas. The latter case concerns EP 2 393 417 B1 (case ID: ACT_15000/2024).

Developing technology

SiBio Technology is a relatively young medtech company from China which develops, manufacturers and distributes innovative blood-glucose monitoring devices for use in diabetes care. The company relies on AI-supported applications.

Umedwings provides end-to-end business solutions for medical device brands around the globe. Dutch company Umedwings is apparently an important distribution partner of SiBio in Europe and is a defendant in all proceedings.

Diabetes patients have traditionally monitored their glucose levels via a ‘finger prick’ method. Over the past 20 years, however, companies have developed a method known as ‘continuous glucose monitoring’. Improvements in smartphone connectivity means a growing number of patients have access to this technology.

Devices made by Abbott and SiBio involve a small sensor being inserted under the skin, which alerts the user as to their current glucose levels via connection to a wireless monitoring device.

Roland Küppers

Further national claims

Abbott is also taking action against various SiBio companies, Umedwings and other European distributors across Europe. This includes the UK High Court, the Düsseldorf Regional Court, the Civil Court in Rome and the Commercial Court in Barcelona. However, Abbott did not comment on the lawsuits.

As JUVE Patent has learned, Abbott sued SiBio and Umedwings in Düsseldorf for infringement of a European patent at Chamber 4a under presiding judge Berenice Thom (case ID: 4a O 14/24). Thom is also the second permanent judge at the Düsseldorf local division, meaning she is involved in the UPC proceedings there.

At the High Court in London, Abbott claimed that SiBio infringed three of its European patents (case ID: HP-2024-000010). In Barcelona, two patents are in dispute while in Rome, Abbott sued for infringement of one patent.

New kids on the block

SiBio is still a relatively young player in the glucose-monitoring device market, with the Chinese company only launching its SiBio KS1 CKM product last year.

Eelco Bergsma

According to JUVE Patent information, it has not yet received approval in Europe, meaning medical professionals are unable to prescribe it. As a result, SiBio is currently only selling the products in Europe via its website and online platforms.

Abbott’s main aim, therefore, is likely to be to prevent SiBio from entering the European market. According to JUVE Patent information, SiBio is not yet selling its product in the US. Observers consider it certain that SiBio will fiercely defend itself against Abbott’s attack in Europe.

Dexcom another contender

The modern glucose-monitoring devices market is worth billions. With around one in 14 people in the UK alone living with diabetes, the market is vast. As such, the value of the connected medical devices involved in glucose monitoring is only set to grow.

Abbott and another rival, Dexcom, have long been embroiled in a global patent dispute, including claims in the US, the UK and Germany. Dexcom sells a similar device.

In Europe, the dispute began in July 2021. Dexcom has since filed five lawsuits against Abbott in the UPC local divisions of Düsseldorf, Munich and Paris. In turn, Abbott has sued Dexcom over four patents at the local divisions in Munich, Paris and The Hague. It also filed claims at the Nordic Baltic regional division.

Thomas Gniadek

Abbott chooses Taylor Wessing

According to the UPC’s case search, Abbott started its actions against SiBio and Umedwings in Düsseldorf and The Hague with Taylor Wessing. The go-to firm for Abbott in Europe is already advising the company in its dispute with Dexcom.

Partners Eelco Bergsma from the Eindhoven office and Roland Küppers from Düsseldorf lead in the three UPC PI proceedings.

Observers consider it certain that Taylor Wessing is also handling the national actions in London and Düsseldorf. JUVE Patent has no information on the law firms with which Abbott launched the lawsuits in Italy and Spain.

Simmons & Simmons took over the defence of SiBio and Umedwings with a mixed team in Germany, Italy, the Netherlands and the UK. It is the first time SiBio is facing patent litigation in Europe and the first time that Simmons & Simmons has acted for the Chinese company in these jurisdictions, with inital contact coming via the firm’s Shenzhen office.

In Spain, Vidal-Quadras & Ramon took over the defence of SiBio and Umedwings.

Oscar Lamme

For Abbott Diabetes Care
Taylor Wessing (Düsseldorf): Roland Küppers
Taylor Wessing (Eindhoven): Eelco Bergsma

For SiBioincs and Umedwings
Simmons & Simmons (Amsterdam): Oscar Lamme (partner); associate: Diptanil DebBarma (patent attorney)
Simmons & Simmons (Munich/Düsseldorf): Thomas Gniadek, Fritz Lahrtz (patent attorney) (both partners); associates: Sebastian Horlemann (counsel), Tobias Schönhöfer, Andrea Ritter, Marko Mirceta; Florian Laus, Michael Jochner, Carsten Prusko (all patent attorneys)
Simmons & Simmons (London): Priya Nagpal (partner): associates: Elsa Glauert, Jack Lawrence
Simmons & Simmons (Milan): Stefania Bergia (partner)
Vidal-Quadras & Ramon (Barcelona): Miguel Vidal-Quadras (partner)