On September 7, 2026, the Milan Regional Division of the Unified Patent Court (UPC) issued a preliminary injunction in the first instance, granting the request filed by Abbott Diabetes Care Inc. and prohibiting Shenzhen SiSensing Technology Co., Ltd., SiBionics, and related entities from manufacturing, selling, importing, using, or storing the GS3-R continuous glucose monitoring system and its components in 18 UPC member states. Violators may face a maximum fine of 100,000 euros per day, up to a cumulative total of 1 million euros.

CGM, or continuous glucose monitoring, uses a sensor worn on the body to continuously monitor glucose levels and transmit data to a smartphone or other device. Compared to traditional fingerstick blood glucose testing, CGM provides continuous glucose data and trends, making it a vital product in diabetes management.

Abbott holds a leading position in the global CGM market, and its FreeStyle Libre series is currently one of the market’s leading products. At the same time, Chinese medical device companies have begun entering this sector in recent years and are promoting domestically produced CGM products overseas. SiBionics, the company involved in this case, is a brand under Shenzhen SiBionics. Its GS1 continuous glucose monitoring system received marketing approval from China’s National Medical Products Administration (NMPA) in 2021 and subsequently obtained EU MDR CE certification in 2023, entering the European market.

This case involves European Patent EP 3 960 072 B1, which primarily relates to a sensor insertion assembly in continuous glucose monitoring devices. Abbott contends that the GS3-R infringes this patent. The respondents, however, have raised defenses against the validity of the patent in question and the allegation of infringement, citing grounds such as insufficient disclosure, addition of subject matter, and lack of inventive step. Following a preliminary review, the Milan Regional Chamber of the UPC determined that the available evidence was insufficient to invalidate the patent in question and that the GS3-R was more likely to fall within the scope of the patent’s protection; consequently, it granted Abbott’s application for provisional measures.

It is worth noting that this is not the first time Abbott has taken action against Chinese companies at the UPC regarding this patent. On February 6 of this year, the UPC Regional Chamber in The Hague, upon Abbott’s application, issued a preliminary injunction against Hangzhou Weita Medical Devices Co., Ltd. and other related entities; that case also involved EP 3 960 072. In that case, the court prohibited the relevant entities from engaging in acts deemed likely to infringe the patent in question within the UPC’s jurisdiction and in Spain.

The final injunction in this case covers 18 UPC member states: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia, and Sweden.

In addition, the court required the relevant respondents to provide information on the sources and distribution channels of the GS3-R product. The court reasoned that, given the characteristics of public tenders and insurance payments in the CGM market, the entry of low-cost substitute products into the market could cause Abbott to suffer losses—such as customer attrition and price declines—that could not be fully compensated through subsequent damages. Therefore, after balancing the interests of both parties, the court deemed it necessary to issue a preliminary injunction.

Attached: Ruling