APL_64374/2024

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

AppealsMain AppealCourt of AppealAppeal RoP220.1—

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Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
62	continuation of infringement — basis for provisional measures	Binding	Continuation of infringement (Art. 62(1) UPCA)
69	costs — reasonable and proportionate costs borne by unsuccessful party	Binding	Pursuant to Art. 69(1) UPCA, reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity requires otherwise.
69	cost apportionment where party succeeds only in part	Binding	Pursuant to Art. 69(2) UPCA, where a party succeeds only in part or in exceptional circumstances, the Court may order that the costs be apportioned equitably or that the parties bear their own costs.

Target	Legal point	Strength	Excerpt
UPC_CoA_Sumi_v_Syngenta	burden of proof on defendant for security for enforcement	Binding	The burden of proof generally rests on the defendant (see UPC CoA, Sumi v Syngenta, para. 114).

Target	Legal point	Strength	Excerpt
UPC_CFI_380/2024	impugned order dismissing provisional measures application	Background	Milan Central Division, 22 November 2024, ORD_62486/2024, App_39640/2024, UPC_CFI_380/2024

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