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## Overview The Unified Patent Court (UPC) Court of Appeal is developing a significant body of preliminary injunction (PI) jurisprudence, particularly in the medical devices sector. The Abbott v. Sinocare & Menarini decision — upholding a PI against a Chinese manufacturer and its European distributor — signals the court's willingness to grant and maintain injunctive relief against foreign defendants. ## Abbott v. Sinocare & Menarini ### Facts - Abbott, a leading medical device company, obtained a PI against Sinocare (Chinese competitor) and Menarini (European distribution partner) - The Local Division The Hague granted the initial PI - The UPC Court of Appeal upheld the PI on appeal ### Significance - Confirms The Hague local division as a favorable venue for PI applications in medical devices - Demonstrates UPC willingness to act against Chinese manufacturers and their European distribution networks - Distribution partners face injunction risk even where they are not the patent-practicing entity ## The Hague Local Division – PI Venue Dynamics - Emerging as the preferred venue for PI applications in medical devices and life sciences - Fast procedural timelines and willingness to grant relief are attracting multinational plaintiffs - Pattern mirrors earlier national court PI hotspots (Düsseldorf, Munich) in the pre-UPC era ## Broader UPC PI Landscape - De Koffiejongens v. Ox Barrier (Netherlands): Separate case where a PI was averted, showing courts apply nuanced analysis - UPC PI practice is still developing; appellate decisions carry outsized precedential weight in this early period - Foreign defendants (particularly Chinese manufacturers) are a recurring target given European market exposure ## Strategic Implications **For Patent Holders:** The Hague/UPC pathway offers an effective enforcement route against Chinese manufacturers operating in Europe. PI relief is achievable and appellate-stable. **For Defendants (Distributors):** European distributors of products facing UPC patent exposure should conduct freedom-to-operate analysis and consider indemnification provisions in supply agreements. **For Chinese Manufacturers:** European market access increasingly conditioned on UPC patent clearance. Litigation risk is real and injunctions will be upheld. **For Practitioners:** UPC Court of Appeal decisions in PIs are building precedent rapidly. Early monitoring of appellate reasoning is essential for litigation strategy. ## Watch Items - Further UPC Court of Appeal PI decisions in medical devices and other sectors - Whether Chinese defendants challenge UPC jurisdiction or seek stays - Emergence of UPC PI standards (likelihood of success, balance of harms) from appellate decisions - Expansion of The Hague local division caseload