ACT_56003/2024
FLUID DELIVERY DEVICE WITH TRANSCUTANEOUS ACCESS TOOL, INSERTION MECHANISM AND BLOOD GLUCOSE MONITORING FOR USE THEREWITH
Claimants
- Insulet Corporation
Respondents
- EOFLOW Co., Ltd.
- Andrea PostiglionePresiding judge and judge-rapporteur
- Anna-Lena KleinLegally qualified judge
- Uwe SchwengelbeckTechnically qualified judge
- EP4201327
Technology area: Medical Devices · CGM
Sector: Packaging & Conveying
Milan Central Division decision by default on EOFLOW's revocation action (dismissed) and on Insulet's counterclaim for infringement of a patent for wearable insulin delivery devices (patch pump). EOFLOW failed to defend and the Court verified sufficiency of evidence before issuing the default decision. The Court upheld Insulet's infringement claim and granted an injunction ordering EOFLOW to cease infringing acts, provide information/accounts, recall infringing products, and pay compensation for damages since 19 June 2024. The revocation action by EOFLOW was dismissed for lack of prosecution. Costs borne by EOFLOW. Patent terms interpreted according to principal functional meaning. The cost cap applies per instance regardless of number of parties or patents (Administrative Committee decision of 24 March 2023).