One case saw an Abbott patent infringement application shot down, while the other granted the U.S. medtech giant’s claim. The granted one could mean SiBio can’t distribute its CGMs in Germany, France, the Netherlands and Ireland, the report said.
In April, the outlet reported that Abbott filed three patent infringement lawsuits against SiBionics and its distribution partner in Europe. Abbott filed them against China-based SiBionics (SiBio) and its sales partner Umedwings at the Unified Patent Court. The company also has ongoing litigation in other European countries, including the UK, Italy and Spain.
According to JUVE-Patent, Abbott aims to prevent SiBio from entering the European market with its CGM technology. SiBio develops, manufactures and distributes CGM and other monitoring technologies.
The report says that SiBio launched its KS1 continuous ketone monitor last year, but has not yet received approval in Europe. Notably, the company said it received CE mark approval for its GS1 CGM system last fall. According to JUVE-Patent, the company was selling its products in Europe through its website and online platforms. SiBio is not yet selling its CGM in the U.S.
SiBio reportedly told the court that it attempted to stop further distribution of its products. However, JUVE-Patent said Abbott proved that it could continue to purchase the products in Germany and Ireland, even after a cease-and-desist declaration. The company could face financial penalties, although the report said it plans to appeal.
The latest on the battle between Abbott and SiBio
According to the report, the judges rejected Abbott’s other claim due to an impermissible extension of the patent. In that case, SiBio and Umedwings proved successful in battling the patent.
JUVE-Patent says the companies meet again this week to square off over more patent infringement claims in Düsseldorf. In this case, the outlet reports that Abbott applied for infringement in Germany, France and the Netherlands.
The hearing takes place tomorrow. According to the report, lawyers for SiBio and Umedwings will likely attempt to convince the Düsseldorf judges that the verdict from The Hague is incorrect.
