1. Key takeaways
LD has competence to hear the case in respect to Ireland
The court read Applicant's application to also cover Ireland, which is a signatory state to the UPCA and therefore a Contracting Member State, even though Ireland has not yet ratified the Agreement.
Pursuant to Art. 31 UPCA which provides that the international competence of the court is established in accordance with Brussels Regulation 1215/2012 as amended by EU Regulation 542/2014, "BR", and Art. 26, 35 and 71, 71a and 71b BR, the court held that it is competent to hear the case.
Application not devoid of purpose despite cease-and-desist declaration by Defendant
The court held that the application for provisional measures is not devoid of purpose pursuant to R. 360 RoP since Applicant has sufficiently demonstrated that Defendants did not fully comply with their own unilateral cease-and-desist declaration. The court found all prerequisites as set forth in R. 211 RoP to be met regarding the Application for provisional measures.
2. Division
LD The Hague
3. UPC number
UPC_CFI_130/2024
4. Type of proceedings
Infringement proceedings, Application for provisional measures
5. Parties
Applicant: Abbott Diabetes Care Inc.
Defendant:
- Sibio Technology Limited
- Umedwings Netherlands B.V.
6. Patent(s)
EP 2 713 879
7. Body of legislation / Rules
Art. 31 UPCA, Art. 26, 35, 71, 71a and 71b Brussels Regulation 1215/2012 amended by EU Regulation 542/2014; R. 211 RoP, R. 360 RoP
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