UPC denies Abbott second injunction against Sinocare

Diabetes affects millions worldwide, making the glucose-monitoring device market particularly lucrative. Continuous glucose-monitoring systems have gained significant popularity by allowing users to track blood glucose levels via mobile phone. Both US company Abbott and its Chinese competitor Sinocare offer such systems. Abbott alleges that Sinocare’s GlucoMen iCan CGM system infringes its EP 3 988 471 and EP 4 344 633.

Abbott filed two PI applications with the UPC in June 2025 to prevent the distribution of Sinocare’s product in Europe. The company also targeted Italian company Menarini Diagnostics, which is responsible for the European distribution of Sinocare’s GlucoMen iCan systems.

Last week, the local division The Hague found it more likely than not that GlucoMen iCan infringes EP 633 and granted a preliminary injunction against the defendants. Although the court heard both cases on the same day in late September, the panel of judges under presiding judge Edger Brinkman needed additional time to reach a decision regarding EP 471 (case ID: UPC_CFI_587/2025).

The judges concluded that the GlucoMen iCan system does not infringe EP 471, focusing on a key feature of claim 1. The patent requires event data icons to display directly on the timeline graph. The court interpreted this to mean the icons must appear within the graph itself, not just anywhere on the screen. In Sinocare’s GlucoMen iCan system, however, the timeline graph and icons appear in separate areas of the screen. The judges therefore found Sinocare had not infringed EP 471 and rejected Abbott’s request for a PI.

The court deemed it unnecessary to address validity arguments, as these would not affect the outcome. Even assuming the patent’s validity, the judges found it more likely than not that claims 1 and 14 are not infringed.

The value of the dispute was set at €4,000,000.

Pan-European teams

A joint team from Taylor Wessing and Paris firm August Debouzy represented Abbott in the dispute over EP 471. Belgian partner Christian Dekoninck and Paris-based François Pochart took the lead.

Bird & Bird led the case for defendants Sinocare and Menarini. A mixed team of French, Italian and Dutch lawyers defended Menarini and Sinocare at the local division The Hague. Paris-based partner Thierry Lautier, Dutch partner Tjibbe Douma and Milan partner Edoardo Barbera led the case.