ACT_40442/2024

FLUID DELIVERY DEVICE WITH TRANSCUTANEOUS ACCESS TOOL, INSERTION MECHANISM AND BLOOD GLUCOSE MONITORING FOR USE THEREWITH

Provisional measuresProvisional MeasuresMilan LDApplication for provisional measures—

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
211.2	conditions for provisional measures – validity, infringement	Binding	the patent is valid; (iii) its rights are being infringed or that such infringement is imminent (Rule 211.2 RoP).
211.3	balance of interests for provisional measures	Binding	Additionally, the balance of interests must be in favour of the Applicant (Rule 211.3. RoP). Therefore, the absence of any one of these requirements is sufficient to warrant dismissal
30.2	auxiliary requests to amend patent inadmissible in provisional measures proceedings	Binding	Auxiliary requests to amend the patent pursuant to Rule 30.2 RoP are inadmissible in proceedings for provisional measures.
50.2	patent amendment only in defence to revocation in main proceedings	Binding	The auxiliary request to amend the patent is expressly admitted only in the defence to a counterclaim for revocation (Rule 30.2 RoP) or in the defence to revocation (Rule 50.2 RoP)
263.2	amend its case – change of claim vs patent amendment	Binding	The phrase 'amend its case' in Rule 263.2 RoP refers to any modification of the case by the introduction of a new claim or the substitution of the original claim
263.3	claim limitation as distinct request	Binding	The 'claim limitation' pursuant to Rule 263.3. RoP constitutes a formally distinct type of request.
209.1	application for provisional measures	Binding	Rule 209.1 RoP - Application for provisional measures

Target	Legal point	Strength	Excerpt
47	entitlement to initiate proceedings	Binding	the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with a sufficient degree of certainty that: (i) the Applicant is entitled to initiate proceedings under Art. 47 UPCA

Target	Legal point	Strength	Excerpt
UPC_CFI_412/2023	interpretation of Rule 263 RoP – request to replace patent amendment outside rule 263	Persuasive	see Paris Central Division UPC CFI no. 412/2023, order of 9 February 2024

Target	Legal point	Strength	Excerpt
UPC_CoA_182/2024	amend its case under Rule 263.2 – applies even in provisional measures	Binding	see Court Of Appeal, UPC CoA no. 182/2024, Order of 25 September 2024

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