Abbott Diabetes Care v Sinocare (CoA, 17 April 2026)
| Date | 17 April 2026 |
|---|---|
| Court | CoA |
| Division | Luxembourg (LU) |
| Type of action | Appeal RoP220.1 |
| Case number(s) | UPC_CoA_901/2025 |
| Registry reference | UPC-COA-0000901/2025 |
| Parties | Abbott Diabetes Care Inc. v. Sinocare Inc., A. Menarini Diagnostics s.r.l. |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 17 April 2026 (UPC_CoA_901/2025), the Court of Appeal holds admissible and well founded the appeal brought by Abbott Diabetes Care Inc. against the order of The Hague Local Division of 22 October 2025, which had refused its application for provisional measures against Sinocare Inc. and A. Menarini Diagnostics s.r.l. based on EP 3 988 471 (a glucose monitoring system), and holds the respondents’ cross-appeal on urgency inadmissible (paragraph 19). At the provisional stage, the Court finds indirect infringement of claims 1 and 14 and that the patent is more likely than not valid. Two headnotes set out points of principle: a feature cannot be left out of the inventive step assessment merely because it is non-technical, and only an adversely affected party may cross-appeal, a cross-appeal being inadmissible if its sole aim is to change reasoning favourable to it. It set aside the order and granted a provisional injunction for the UPC States except Romania, backed by penalty payments.
Facts and procedure
Abbott applied to The Hague Local Division on 27 June 2025, targeting the GlucoMen iCan device and its app. The patent, a divisional, was maintained in amended form by the EPO Opposition Division, which continued the proceedings of its own motion after the opposition was withdrawn (paragraph 2). On 22 October 2025, the local division accepted jurisdiction and found the application timely but rejected infringement because the event data icons were not on the timeline graph. It ordered Abbott to pay an interim costs award of EUR 400,000 (paragraph 12). Abbott appealed on 6 November 2025 and the respondents cross-appealed on urgency (paragraph 13). The hearing took place on 26 March 2026.
The applicable law
At the provisional stage, the Court asks whether infringement and validity are more likely than not. The claim is construed under Article 69 EPC and its Protocol. Validity is examined for added matter (Article 123(2) EPC) and inventive step, and infringement under Articles 25 and 26 UPCA. Appeals and cross-appeals are governed by Rules 220.1 and 237, and delay by Rule 211.4.
Question
Does feature 1.13(c) require the event icons to appear on the graph line, may non-technical features be disregarded in assessing inventive step, and may a party that prevailed on urgency cross-appeal to challenge the reasoning?
Decision
Event icons may appear anywhere on the graph provided the time of the event can be identified, and the GlucoMen iCan graph embodies the feature (paragraphs 54 to 68). Since the respondents do not sell the receiver unit, only indirect infringement of claims 1 and 14 is found (paragraphs 61 and 154 to 158). No added matter is shown, and feature group 1.13 contributes to technical character through its interaction with the other features, no combination starting from Saffer rendering it obvious (paragraphs 83 to 153). Urgency runs from 24 April 2025, eight weeks spent on samples, market investigation and awaiting the opposition decision remain acceptable (paragraphs 163 to 173). The measure is necessary given the risk of lasting price erosion in the reimbursement market, and the respondents did not substantiate their own harm (paragraphs 179 to 188). The injunction, worded generally, excludes the Sinocare iCan i3 and its app, tolerated since 2023, and Romania, with no grace period. Penalties may reach EUR 10,000 per violation or, at Abbott’s choice, EUR 100,000 per day (paragraphs 190 to 199). Price information and delivery up were refused (paragraphs 200 to 203). The respondents bear the costs of both instances, repay those paid under the order set aside and pay an interim award of EUR 11,000, security for enforcement was refused (paragraphs 204 to 207 and operative part).
Key points for practice
- A non-technical feature cannot be set aside at the outset: its interaction with the other features must be assessed (headnote and paragraphs 112 to 114).
- Only an adversely affected party may cross-appeal. A cross-appeal aimed solely at changing favourable reasoning is inadmissible (headnote and paragraph 19).
- The supplier of an app and a sensor may be an indirect infringer of a system whose receiver unit it does not sell (paragraphs 61 and 154 to 158).
- A patentee who tolerated a closely related product for years cannot extend the provisional injunction to that product (paragraph 192).
- Practical point: documenting the purchase and analysis of samples, and the market investigation, can justify eight weeks of preparation (paragraphs 165 to 173).
Provisions applied
- Agreement on a Unified Patent Court
- Arts 25, 26, 33(1)(a), 62, 67, 69 and 82(2)
- Rules of Procedure
- Rules 206.2, 211, 212.1, 213, 220.1, 237, 352 and 354.3
- European Patent Convention
- Art. 52(2), Art. 69, Art. 76(1), Art. 123(2), and the Protocol on the Interpretation of Article 69
- Other provisions
- Regulation (EU) No 1215/2012, Arts. 7(2) and 71b, Regulation (EU) No 1257/2012, Art. 18(2)
- Case law cited
- NanoString v 10x Genomics, Court of Appeal, 26 February 2024 (UPC_CoA_335/2023), VusionGroup v Hanshow, Court of Appeal, 13 May 2024 (UPC_CoA_1/2024), Abbott v Sibio, Court of Appeal, 14 February 2025 (UPC_CoA_382/2024), Amgen v Sanofi, Court of Appeal, 25 November 2025 (UPC_CoA_528/2024), Philips v Belkin, Court of Appeal, 3 October 2025, Boehringer Ingelheim v Zentiva, Court of Appeal, 13 August 2025 (UPC_CoA_446/2025) and Barco v Yealink, Court of Appeal, 28 November 2025 (UPC_CoA_317/2025), on delay and interim costs, Biolitec v Light Guide, Court of Appeal, 24 February 2025 (UPC_CoA_540/2024), Mammut v Ortovox, Court of Appeal, 25 September 2024 (UPC_CoA_182/2024), EOFlow v Insulet, Court of Appeal, 30 April 2025 (UPC_CoA_768/2024), Sumi v Syngenta, Court of Appeal, 3 March 2025 (UPC_CoA_523/2024), Sinocare v Abbott, Court of Appeal, 30 March 2026 (UPC_CoA_899/2025), Knaus v Yellow, Court of Appeal, 21 May 2025 (UPC_CoA_365/2025), EPO Enlarged Board of Appeal, G 1/24 and G 1/19.
Related decisions
Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.
Going further
Lexicon: UPC Court of Appeal.
Dhenne Avocats blog: UPC Appeals: What the Numbers Show.
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Parties
- claimantAbbott Diabetes Care Inc.36 decisions in the corpusFollow this party
- defendantSinocare Inc.2 decisions in the corpusFollow this party
- defendantA. Menarini Diagnostics s.r.l9 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Appeal RoP220.1
- Outcome (Dhenne Avocats summary)
- La cour d’appel infirme l’ordonnance de La Haye, retient la contrefaçon indirecte probable des revendications 1 et 14 du brevet EP 3 988 471 et la validité probable du brevet, et interdit provisoirement le GlucoMen iCan dans les États de la JUB sauf la Roumanie, sous astreinte. L’appel incident est irrecevable.
- Appeal
- Decision of the Court of Appeal.
- Instance
- Court of Appeal decision.
Patents mentioned
EP 3 988 471mentioned in: summary of the decision, Dhenne Avocats analysis Follow this patentEP 4 344 633mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Sinocare v Abbott Diabetes Care (CoA, 30 March 2026) cited in this record
- Barco v Yealink (Xiamen) Network (CoA, 28 November 2025) cited in this record
- Amgen v Sanofi-Aventis Deutschland (CoA, 25 November 2025) cited in this record
- Abbott Diabetes Care v Sinocare (CFI, 22 October 2025) cited in this record
- Boehringer Ingelheim International v Zentiva Portugal (CoA, 13 August 2025) cited in this record
- Biolitec Holding v Light Guide Optics Germany (CoA, 24 February 2025) cited in this record
- Abbott Diabetes Care v Sibio (CoA, 14 February 2025) cited in this record
- SES-imagotag v Hanshow (CoA, 13 May 2024) cited in this record
- NanoString Technologies v 10x Genomics (CoA, 26 February 2024) cited in this record
- OXFORD NANOPORE v MGI TECH (CFI, 17 September 2026) cites this decision
- Heraeus Electronics v Vibrantz (CoA, 16 September 2026) cites this decision
- Cilag GmbH International v RiVOLUTiON (CFI, 25 August 2026) cites this decision
- Fraunhofer-Gesellschaft v HMD Global (CFI, UPC_CFI_495/2025, 24 August 2026) cites this decision
- Fraunhofer-Gesellschaft v HMD Global (CFI, UPC_CFI_494/2025, 24 August 2026) cites this decision
- AorticLab v Emboline (CoA, 17 August 2026) cites this decision
- Bostik v Henkel France (CFI, 31 July 2026) cites this decision
- Guardant Health v Sophia Genetics (CoA, 2 July 2026) cites this decision
- Keysight Technologies v Centripetal (CoA, 28 September 2026) cites this decision
- NVIDIA v BF exaQC (CoA, 28 September 2026) cites this decision
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 988 471 | Patent at issue according to the summary or official headnote Also mentioned in 4 other decision(s): Abbott Diabetes Care v Sinocare (CFI, 22 October 2025) · Abbott Diabetes Care v A. Menarini Diagnostics (CFI, 1 August 2025) · Abbott Diabetes Care v Dexcom (CFI, 31 July 2024) · Abbott Diabetes Care v Dexcom (CFI, 12 February 2024) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: summary of the decision, Dhenne Avocats analysis |
EP 4 344 633 | Mentioned in the analysis (role not qualified) Also mentioned in 4 other decision(s): Abbott Diabetes Care v Sinocare (CFI, 19 May 2026) · Sinocare v Abbott Diabetes Care (CoA, 30 March 2026) · Abbott Diabetes Care v Sinocare (CFI, 17 October 2025) · Abbott Diabetes Care v A. Menarini Diagnostics (CFI, 1 August 2025) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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