Sibio v Abbott Diabetes Care (CoA, 27 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 27 February 2026 (UPC_CoA_884/2025), the judge-rapporteur of the UPC Court of Appeal rejected Sibio Technology Limited’s request under Rule 36 for a further exchange of written pleadings in its appeal against the Paris Central Division’s dismissal of its revocation action against Abbott Diabetes Care Inc.’s EP 3 831 283. Sibio relied on the six auxiliary requests maintained by Abbott in its statement of response. The order clarifies the status on appeal of auxiliary requests admitted at first instance and closes the written procedure.

Question

Does a respondent that maintains on appeal auxiliary requests to amend admitted at first instance give the appellant a right to a written reply?

Decision

The auxiliary requests, filed and admitted at first instance, form part of the basis of the appeal under Rules 222.1 and 222.2 unless Abbott withdraws them, and did not need to be refiled (paragraphs 7 to 9). Maintaining them is not a conditional cross-appeal, as Abbott seeks no different outcome from the decision under appeal (paragraph 10). Sibio could have addressed the requests not decided at first instance in its grounds of appeal (paragraph 11), and Abbott had not amended them (paragraph 12). The fact that further pleadings would not disrupt the timetable is not in itself a sufficient reason to allow them (paragraph 13), and refusing them does not breach the right to be heard, since Sibio can respond at the oral hearing (paragraph 14). The written procedure was closed and the oral procedure opened.

Key points for practice

• An appellant should address in its grounds of appeal the respondent’s auxiliary requests admitted at first instance, even if they were not decided there: it cannot count on a written reply (paragraphs 9 to 14).

Provisions applied

Rules of Procedure

Rules 35(a), 36, 220.1(a), 222.1, 222.2, 226 and 333.1

Related decisions

• Sibio v Abbott Diabetes Care, 14 August 2026, Court of Appeal decision on the merits dismissing the appeal.
• Sibio v Abbott Diabetes Care, 21 July 2025, Paris Central Division decision dismissing the revocation action.

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.