Key takeaways
The need for a certain amount of time to assess infringement does not generally constitute an unreasonable delay in seeking provisional measures (R. 211.4 RoP)
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In March 2025, the extent to which the claims would be upheld was decided in the oral hearing of the opposition proceedings before the EPO. The Proprietor then purchased the defendant’s products for analysis in April 2025 and filed the application for provisional measures in June 2025. The Court did not consider this to be an unreasonable delay in seeking provisional measures, but rather deemed it reasonable that the Applicant needed time to analyze the products in order to assess infringement.
Division
LD The Hague
UPC number
UPC_CFI_587/2025
Type of proceedings
Provisional measures (R. 211 RoP)
Parties
Applicant: Abbott Diabetes Care Inc.
Defendants: Sinocare Inc. and A.Menarini Diagnostics s.r.l.
Patent(s)
EP 3 988 471
Body of legislation / Rules
R. 211.4 RoP
