Roche settles UPC dispute over insulin distribution technology

Roche Diagnostics has now resolved its UPC dispute with Tandem Diabetes Care, VitalAire and other defendants with a settlement. The case was playing out in Hamburg, Düsseldorf and Paris.

Since late 2023, the parties have been embroiled in a battle over two Roche-owned patents. EP 2 196 231 B1 relates to a “system for ambulatory drug infusion comprising a filling apparatus for flexible containers”. EP 1 970 677 B1 protects an “intravenous infusion system with dosing device”. Both are used in dosing pumps for administering insulin to diabetics.

In November 2023, Tandem Diabetes Care brought an action for declaration of non-infringement and revocation action against Roche Diabetes Care before the Paris central division. The med-tech company challenged the validity of EP 231 on grounds of added matter, lack of novelty and lack of inventive step.

Then, in early 2024, Roche Diabetes Care filed an infringement suit against Tandem and VitalAire at the Hamburg local division. VitalAire countered with a revocation claim.

In December 2024, the panel of the Paris central division under presiding judge Paolo Catallozzi dismissed the revocation action filed by Tandem and upheld Roche Diabetes Care’s EP 231 as granted. An appeal against this decision was pending at the Court of Appeal in Luxembourg.

Parallel to this dispute, Roche Diabetes Care filed an infringement claim at the Düsseldorf local division over EP 677 against Tandem Diabetes Care, VitalAire, Air Liquide Healthcare, Dinno Santé and Rubin Medical (Diatom). In this case, too, he defendants filed counterclaims for revocation.

According to an order of the Düsseldorf local division, the parties have now settled (case ID: UPC_CFI_504/2023). The details of the settlement are not known. However, according to JUVE Patent sources, this also affects the disputes in Hamburg and the appeal against the ruling of the Paris central division.

Kather Augenstein for Roche

In all proceedings, patent owner Roche relied on Kather Augenstein. The Düsseldorf-based IP boutique is one of the most active representatives at the UPC, with lead partner Christof Augenstein having worked on several cases. For example, he led the team representing Panasonic in the high-profile cases against Xiaomi and Oppo until the parties settled last December. He has recently taken over the representation of Fujifilm in the appeal proceedings against Kodak.

The team received technical advice from patent attorney Thomas Kronberger of Grünecker. The mixed firm regularly acts in filing and prosecution for various Roche subsidiaries, including Roche Diabetes Care.