Main Details: Registry number APL_39664/2024 Date 14 February, 2025 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 Back to Decisions and Orders
Main Details: Registry number APL_39664/2024 Date 14 February, 2025 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 Back to Decisions and Orders