UPC_CFI_380/2024

The Milan Central Division rejected Insulet Corporation's application for a preliminary injunction against EOFLOW Co., Ltd. for alleged infringement of EP 4 201 327 (insulin pump). The Court held that the applicant had not established with sufficient certainty that the patent was valid (particularly claim 1 which appeared to lack novelty or inventive step over the prior art). The auxiliary request to amend the patent under R. 30.2 RoP was inadmissible in provisional measures proceedings given the requirement for expediency and the adversarial principle. Insulet was ordered to bear the costs; value in dispute EUR 2,500,000; cost ceiling EUR 400,000.