UPC_CFI_380/2024

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

Provisional measuresProvisional MeasuresMilan CDProvisional measuresCase Closed

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
211.2	jurisdiction — cumulative conditions for provisional measures	Binding	the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with sufficient degree of certainty that: (i) the Applicant is entitled to initiate proceedings under Art. 47 UPCA; (ii) the patent is valid; (iii) its rights are being infringed or that such infringement is imminent (Rule 211.2 RoP).
30.2	claim amendment — auxiliary request to amend inadmissible in PI proceedings	Binding	The auxiliary request to amend the patent pursuant to Rule 30.2 RoP is not admissible in the proceedings for provisional measures, in accordance with the necessary expediency of the procedure
263.2	claim amendment — amend case in pleadings vs patent amendments	Binding	The phrase "amend its case" in Rule 263.2 RoP refers to the pleadings amendments ("change its claim") and does not relate to patent amendments pursuant to Rule 30 or 50.2 RoP.
50.2	claim amendment — distinction from pleading amendments	Binding	The phrase "amend its case" in Rule 263.2 RoP refers to the pleadings amendments ("change its claim") and does not relate to patent amendments pursuant to Rule 30 or 50.2 RoP.

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

Cited by

Subsequent UPC decisions citing this case.

Cited in	Date	Legal point	Strength	Excerpt
APL_64374/2024 Court of Appeal	May 1, 2025	impugned order dismissing provisional measures application	Background	Milan Central Division, 22 November 2024, ORD_62486/2024, App_39640/2024, UPC_CFI_380/2024
UPC_APP_9038/2025 Milan CD	Mar 21, 2025	intervention — distinction of direct vs indirect interest	Persuasive	see UPC_CFI_380/2024 Order no. ORD_52068/2024 CD Milan and in UPC_CFI_153/24 CD Munich) a distinction must be made between prospective interveners who have a direct interest in the outcome
UPC_APP_9038/2025 Milan CD	Mar 21, 2025	costs in intervention sub-proceedings	Persuasive	see CD Milan Order no. ORD_59988/2024 in UPC_CFI_380/2024 Application No. 39640/2024) that intervention pursuant to Art. 313 RoP is a sub-proceeding governed by rule of law
UPC_APP_58035/2024 Milan LD	Dec 30, 2024	costs — successful party may initiate cost procedure after intervention rejection	Persuasive	See order no. ORD_52068/2024 UPC number: UPC_CFI_380/2024, filed on 1 October 2024 "the successful party did not make a claim for costs."