UPC APP 58027/2024
Oct 24, 2024·EP4201327 +1 more: FLUID DELIVERY DEVICE WITH TRANSCUTANEOUS ACCESS TOOL, INSERTION MECHANISM AND BLOOD GLUCOSE MONITORING FOR USE THEREWITH
- Case details
- StatusCase ClosedActionGenericCategoryCosts Assessments
- Parties
- Division
- Milan CD
- Technology
- Packaging & Conveying
- Language
- English
- First decided
- Dec 23, 2024
- 2024-12-23Costs onlyCostsGeneric application
Milan Central Division costs order in Insulet Corporation v. MENARINI DIAGNOSTICS s.r.l. arising from intervention proceedings (Insulet's application for provisional measures against EOFLOW, EP 4 201 327). The court held: (1) an intervener in sub-proceedings must show a legally qualified interest; (2) intervention under R. 313 RoP is governed by adversarial principle and both intervener applicant and respondent are parties for cost purposes; (3) the successful party preventing or obtaining intervention may claim costs under Art. 69 UPCA; (4) an invoice is not required if the amounts and activities are clear. MENARINI ordered to pay Insulet EUR 1,764 in costs within 15 days.
Legal issues:Cost recovery in intervention sub-proceedings (R. 150, 313, 314 RoP)Legal interest of intervener (R. 313 RoP)Proof of legal costs without formal invoice (Art. 69 UPCA)Damages: 1,764
| Document title | Date | Public |
|---|---|---|
| Headnote-and-Keywords | 2024-12-23 | Not public |
| Outcome of the Order | 2024-12-23 | Not public |
| ORDER 23.12.24 | 2024-12-23 | Public |
| ORDER 6TH NOVEMBER | 2024-11-06 | Not public |
| Receipt | 2024-10-24 | Not public |
| Exhibit PS-C01 | 2024-10-24 | Not public |
| Application for Cost Decision | 2024-10-24 | Not public |