UPC CFI, CD Milan, 22 November 2024: No auxiliary requests in PI proceedings
21-12-2024 Print this page
Application for provisional measure rejected (R. 211 RoP).
Doubts regarding patent validity appear to be preventing the issuance of the requested order. To encapsulate, the subject matter of claim 1 of ‘327 is unlikely to be considered novel in light of the prior art disclosed in US’994, as the fluid delivery device described in US’994 seem to incorporate all the features described in claim 1 of the patent at issue. While the assessment of possible infringement logically precedes in a PI proceeding the assessment of the validity of the patent, the Court deems it necessary and appropriate in this very case to first assess the validity of the patent.
Amendments of the patent are subject to Rule 30 RoP. Rule 263 RoP refers only to amendments to pleadings.
Auxiliary request to amend the patent pursuant to Rule 30.2 RoP is not admissible in the proceedings for provisional measures.
IPPT20241122, UPC CFI, CD Milan, Insulet v Eoflow
Similar decision of the same date by the Milan Local Division regarding the same patent ACT_40442/2024, UPC CFI 400/2024 in Insulet v Menarini Diagnostics
