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UPC CFI 802/2024

Dec 13, 2024·EP3691454 Unitary patent · METHOD AND APPARATUS FOR SHAPING PIZZA DOUGH

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Division
Milan LD
Technology
  • Mechanical engineering
    Other special machines
Language
Italian
First decided
Nov 19, 2025
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Milan LDLockedLocked
Judge Pierluigi PerrottiLockedLocked
Judge Alima ZanaLockedLocked
Judge Samuel GranataLockedLocked

At the UPC: Morello Forni Italia S.r.l. (2 cases)·Gastroteam Abbe AB (2 cases)

Decisions
  • 2025-11-19
    Infringement ActionPublic

    Summary: The Milan Local Division issued a default judgment against the defendants (Gastroteam Abbe AB and Marciuliano Attrezzature) for infringement of Morello Forni's patent rights, ordering an injunction and information disclosure regarding the 'Pizza Former' machine, as defendants failed to participate in proceedings.

    Show the legal issues (4)
    • Default judgment under R. 277 and R. 355 RoP
    • Requirements for judgment in absentia
    • Service without attachments under R. 271 RoP
    • Non-contestation of facts under R. 171.2 RoP
Document titleDatePublic
Receipt2026-06-08Not public
Cover sheet2026-06-08Not public
Document Claimant2026-06-08Not public
Document Claimant2026-06-08Not public
Document Claimant2026-06-08Not public
Order2026-06-05Not public
Order2026-06-05Not public
Receipt2026-04-02Not public
Cover sheet2026-04-02Not public
Application document Claimant2026-04-02Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Morello Forni Italia S.r.l. and Morello Forni di Morello Marco & C. S.A.S. sued Gastroteam Abbe AB and Marciuliano Attrezzature for infringement of EP 3 691 454 B1 (a method and apparatus for shaping pizza dough) by the 'Pizza Former' machine. The Milan Local Division granted a default judgment with an injunction, information disclosure order, and provisional damages of EUR 46,000 (Gastroteam) and EUR 10,000 (Marciuliano), as both defendants failed to participate in the proceedings, and the stated facts were found to justify the relief sought.

Accepted arguments
What the court agreed with — by party.
  • Infringement established on the basis of uncontested facts under the non-contestation principle (default judgment)

    ClaimantLegal basis: R. 171.2 RoP; R. 277 RoP; R. 355 RoP; Art. 37 UPCS; Art. 54 UPCA

    Note: Milan Local Division accepted claimant's case in a default judgment, treating uncontested facts as proven because defendants failed to participate; the court verified three conditions: valid service, default in complying with a deadline, and that the stated facts justify the relief requested.

  • Service of statement of claim without attachments is valid provided the claimant's pleading gives the defendant full understanding to assert rights

    ClaimantLegal basis: R. 271 RoP; EU Regulation 1784/2020; Headnote 2

    Note: Court held attachments have a probative function but are not integral to the introductory pleading; service of the statement of claim alone suffices for valid commencement.

Rejected arguments
What the court did not agree with — and why.

No rejected arguments captured.