UPC_CoA_901/2025

Decisions and documents (1)

• 2026-04-17procedural

  Appellant:

  Abbott Diabetes Care Inc.

  Respondents:

  A. Menarini Diagnostics s.r.l.; Sinocare Inc.

  1. A claim feature should not be excluded from the assessment of inventive step merely because it is a non-technical feature, i.e. a feature which, on its own, would be considered a “non-invention” under Art. 52(2) EPC. A feature that is non-technical as such may still contribute to the technical character of the claimed invention as a whole by its interaction with the other claim features. Therefore, the interrelationship and functioning of the claim features must be assessed together. 2. Pursuant to R. 220.1 RoP, only a party adversely affected by a decision may lodge an appeal. The same applies to a cross-appeal pursuant to R. 237 RoP. A cross-appeal is inadmissible if the only purpose of the cross-appeal is to change (a certain part of) the reasoning of the Court in First Instance, which in its result is in favour of the party filing the cross-appeal.

  Judge: Ulrike Voß • Panel: Dorothea Hofer, Gérard Myon, Nathalie Sabotier, Ulrike Voß🔒 Unlock Official PDF