F. Hoffmann-La Roche AG et al v. A.Menarini Diagnostics S.r.l. et al (UPC, Court of First Instance, Local Division Düsseldorf, UPC_CFI_712/2025) – preliminary injunction re. implantable diabetes sensor, claim construction, inventive step, necessity, injunction re. making of infringing product
By order of 5 December 2025, the Local Division Düsseldorf granted an application for provisional measures filed by Applicants HOFFMANN-LA ROCHE and ROCHE DIABETES CARE based on infringement of the European patent EP 1 962 668 (“EP ‘668”) against three companies of the MENARINI group, the largest Italian pharmaceutics company, by means of their CGM (Continuous Glucose Monitoring) system for patients with diabetes. The Court gave some guidelines on claim construction and legal consequences and applied the standard regarding inventive step which was recently introduced by the Court of Appeal in Amgen v Sanofi. Incidentally, the Court found that the Respondents’ establishment on the relevant market could make provisional measures necessary even if the Applicants had not entered this market yet with their own products.
The entire summary can be read here.
The decision can be read here.
