UPC CoA 584/2024

At the UPC: EOFLOW Co., Ltd. (19 cases)·Insulet Corporation (25 cases)

• 2025-01-10
  Appeal RoP220.2Public

  Summary: The Court of Appeal addressed whether the appeal had become devoid of purpose following the conclusion of related provisional measure proceedings before the Local Division Milan. The appeal was declared moot as the main proceedings at first instance had ended.

  Show the legal issues (3)

  • Need to adjudicate (R.360 RoP)
  • Appeal devoid of purpose
  • Cost decision after mootness
• 2024-10-09
  Public

  Summary: The Court of Appeal rejected EOFlow's request for expedition of the appeal (in an appeal concerning refusal to join two provisional measures cases against different defendants). The court found that EOFlow had failed to act with sufficient urgency and by filing its appeal and expedition request at an unnecessarily late stage had insufficiently taken into account the interests of Insulet, making it impossible to expedite the appeal without prejudicing Insulet's response time.

  Show the legal issues (3)

  • Request for expedition of appeal under Rule 225(e) and Rule 9.3(b) RoP
  • Balance of interests and urgency in provisional measures appeals
  • Joinder of related proceedings from different divisions