UPC grants PI to Abbott in dispute with Sinocare and Menarini

Abbott aims to prevent the distribution of Sinocare’s GlucoMen iCan CGM system in Europe and filed two PI applications with the Dutch local division in June 2025. The company is also suing Italian company Menarini Diagnostics, which distributes Sinocare’s GlucoMen iCan systems in Europe through its medical devices division.

Abbott alleges the two companies infringe its EP 3 988 471 and EP 4 344 633 and seeks to halt sales in the UPC territory. The local division The Hague under presiding judge Edger Brinkman heard both cases in early September. The panel, which included legally qualified judges Margot Kokke and Camille Lignières as well as technically qualified judge Alain Dumont, has now issued a PI against Sinocare and Menarini regarding EP 633 (case ID: UPC_CFI_624/2025).

Sinocare and Menarini argued that EP 633 would likely be found invalid in main proceedings and that their GlucoMen iCan does not infringe, as it does not use certain features of the patent. However, the court followed Abbott’s position that an injunction is necessary and urgent to prevent further sales. The judges found it more likely than not that GlucoMen iCan infringes the patent.

The court ordered the defendants to cease and desist, provide information, render accounts and pay damages. The decision can be appealed.

The court has not yet handed down a decision on EP 471.

Fighting tooth and nail

Abbott has been fighting at the UPC against various competitors over its continuous glucose-monitoring (CGM) patents for several years. Diabetes affects millions worldwide and sales of glucose-monitoring devices are correspondingly high. CGM systems allow users to monitor their blood glucose levels constantly via mobile phone.

Abbott offers such systems, as do other companies like Dexcom. 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 sued all three competitors at the UPC. While Dexcom and Abbott settled their dispute in January, the proceedings against the two Chinese companies continue.

Joint forces

A team from Taylor Wessing represented Abbott with Belgian partner Christian Dekoninck from the Brussels office and Eindhoven-based counsel Geert Theuws jointly taking the lead. They worked closely with the in-house team including Gael Tisack (chief IP counsel), Jennifer Embry (division counsel, IP litigation), and Jim Kritsas (senior counsel, IP litigation).

In the proceedings regarding EP 471 Paris firm August Debouzy is also representing Abbott, with Paris partner François Pochart and Taylor Wessing partner Christian Dekoninck jointly taking the lead.

The Taylor Wessing team also includes Laura Coucke from Belgium, Pauline Springorum, Faziel Abdul and Paula Terzini Leite from the Dutch offices as well as Eoin Martyn and Hannah Garvey from the Irish practice. From the London practice, partners Nigel Stoate, Amanda Ebbutt and Matthew Royle are part of the team for Abbott, with Lydia Birch, Julie Chiu and Charlie Madill providing support.

From August Debouzy, patent attorney Mehdi Mahammedi-Bouzina supported partner Pochart in the proceedings concerning EP 471.

Taylor Wessing and August Debouzy already cooperated in the EP 471 case against Dexcom and are working together in the case against SiBio Technologies. However, part of the Taylor Wessing team, including partners Christian Lederer and Kamlah Dietrich, left the firm to set up IP boutique Pentarc at the beginning of October.

Bird & Bird for the defence

Bird & Bird led the case for defendants Sinocare and Menarini. The law firm has strong relations with the Italian life sciences company. Lawyers from the international firm are representing the company alone at the UPC against lawsuits from three different competitors. This includes the now-settled dispute with Insult over insulin patch pumps and a recently filed lawsuit by F. Hoffmann-La Roche at the local division Düsseldorf. This case also concerns a continuous glucose-monitoring product (case ID: UPC_CFI_712/2025). Christopher Maierhöfer from Bird & Bird’s Munich office is leading this case. The firm thus has a significant presence in proceedings concerning glucose-monitoring devices.

In the current case, a mixed team of French, Italian and Dutch lawyers is defending Menarini and Sinocare against Abbott at the local division The Hague. Paris-based partner Thierry Lautier, Dutch partner Tjibbe Douma and Milan partner Edoardo Barbera are leading the case. Pietro Dettori and Andrea Vantini from Bird & Bird’s Milan office provide support alongside Jonathan Hechler from the Munich office.