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Appeal Decision

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Main Details:

Registry number
APL_39664/2024
Date
Parties
Abbott Diabetes Care Inc.
v.
Sibio Technology Limited, Umedwings Netherlands B.V.
Order/Decision reference
ORD_67504/2024
Type of action
Appeal RoP220.1
Language of Proceedings
English
Court - Division
Court of Appeal - Luxembourg (LU)

English Headnotes:

- As a general principle of claim interpretation, means-plus-function features must be understood as any feature suitable for carrying out the function. - A general injunction may be justified even if it is not shown that a patent is infringed by all possible infringing acts. One type of (likely) infringement suffices as a basis for a general preliminary injunction, which includes all possible ways of infringing. - The measures mentioned in Art. 67 UPCA may also be ordered in the framework of provisional measure proceedings, always provided that there is an urgent interest and such measures are proportionate.

English Keywords:

urgency, balance of interest, infringement, claim construction, general injunction, order to provide information, added matter