Insulet Corporation v.EOFLOW Co., Ltd.
Luxembourg (LU) · UPC-000727
Insulet Corporation, proprietor of European patent EP 4 201 327 relating to fluid delivery devices (insulin patch pumps), sought provisional measures against EOFLOW Co., Ltd. for allegedly infringing the patent with its EOPatch and GlucoMen Day Pump products. The Milan Central Division (Court of First Instance) rejected the application, finding claim 1 likely lacked novelty. On appeal, the Court of Appeal set aside the impugned order, holding that the Court of First Instance improperly delegated claim construction to an expert, and granted the provisional measures against EOFLOW across multiple UPC Contracting Member States.