UPC grants PI to Abbott in dispute with Sinocare and Menarini

Abbott has secured a victory at the UPC in its dispute over glucose-monitoring devices. The local division The Hague issued a preliminary injunction against Sinocare and Menarini. The decision in another case is still pending.

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.