Milan (IT) Central Division- Section
41 cases · page 1 of 2
Showing 1–29Gilead Sciences, Inc. v.Academy of Military Medical Sciences
This Procedural Order of the Court of First Instance (Milan Central Division) addressed a cost decision following revocation proceedings concerning European Patent No. EP3854403, owned by the Academy of Military Medical Sciences (AMMS). Gilead Sciences, Inc., as the successful party in the revocation proceedings, sought EUR 800,000 in recoverable legal costs, which AMMS did not dispute in amount but requested be stayed pending appeal. The Court rejected AMMS's requests for a stay and for payment by instalments, ordering AMMS to pay the full amount within four weeks of service.
Insulet Corporation v.EOFLOW Co., Ltd.
This is a cost decision by the UPC Central Division (Milan) in which INSULET Corporation sought recovery of legal costs from EOFLOW Co. Ltd relating to EOFLOW's application for leave to appeal (UPC_CFI_1167/2025), the appellate proceedings concerning EOFLOW's appeal against a penalty order (UPC_CoA_930/2025), and ancillary remedies. The court found the application admissible and partially well-founded, determining that the objective interest corresponded to the EUR 150,000 penalty at stake, with
LS 9 GmbH v.Bellissa HAAS GmbH
This is a procedural order (Rule 105 RoP) issued by the Rapporteur of the Central Division (Milan) in a nullity action concerning European Patent No. 2223589. The order records the outcome of a digital interim hearing held on 13 May 2026, addressing the plaintiff's representation, the value in dispute, procedural costs, and the preliminary admissibility of the nullity claim under Articles 47.6 and 73.4 EPGÜ and Rules 361–363 RoP. The court indicated it provisionally considers the action admissible and invited the parties to agree on the value in dispute and cost estimates ahead of the oral hearing.
La Siddhi Consultancy Limited v.Athena Pharmaceutiques SAS, Substipharm
This order concerns a revocation action regarding European Patent No. 3 592 333 (UP), in which the claimant La Siddhi Consultancy Ltd. filed an application under Rule 262a of the Rules of Procedure seeking protection of confidential information contained in exhibit MW21. The claimant submitted MW21, a non-public agreement with a third party, to demonstrate 'concern by the patent' under Article 47.6 UPCA, and requested that access to the unredacted version be restricted to the Court, the Registry, the claimant's representatives, and the defendants' representatives on an 'attorneys' eyes only' basis. The defendants opposed the application, requesting broader access including external Indian counsel and external experts.
Fisher & Paykel Healthcare Limited v.Flexicare (Group) Limited
Fisher & Paykel Healthcare Limited brought a revocation action against Flexicare (Group) Limited concerning European Patent EP 4 185 356, which relates to a nasal cannula with a swivel connection. The Court of First Instance of the Unified Patent Court (Central Division Milan) held that claim 1 as granted and its dependent claims lack novelty over prior art document D2, and that auxiliary request 1 also lacks novelty over D2 while auxiliary requests 2 to 13 lack clarity. The patent was revoked in its entirety, the application to amend was dismissed, and the defendant was ordered to bear the costs.
La Siddhi Consultancy Limited v.Athena Pharmaceutiques SAS, Substipharm
This order concerns a revocation action regarding European Patent No. 3 592 333 (UP) before the Court of First Instance of the Unified Patent Court, Central Division (Milan Seat). The defendants filed an application under Rule 158 RoP requesting security for legal costs in the amount of 112,000 €, citing the claimant's weak financial position and the risk that a costs order would be difficult to enforce. The claimant opposed the application, requesting its dismissal or, alternatively, a reduction of the security amount based on its status as an SME.
Neurocrine Biosciences, Inc. v.Spruce Biosciences, Inc.
This case concerned a revocation action filed by Neurocrine Biosciences against Spruce Biosciences's European patent EP 3 784 233, relating to methods for treating testicular and ovarian adrenal rest tumors. During the proceedings, the European Patent Office Opposition Division revoked the patent in its entirety for lack of novelty, and Spruce chose not to appeal. The Court disposed of the revocation action as devoid of purpose under R. 360 RoP, awarded Neurocrine 80% of the maximum recoverable costs (EUR 488,000), and ordered partial reimbursement of court fees.
Fisher & Paykel Healthcare Limited v.Flexicare (Group) Limited
This procedural order concerns a revocation action regarding European Patent EP4185356 before the Court of First Instance of the Unified Patent Court, Central Division Milan. The defendant (patent proprietor) sought to introduce auxiliary requests 2A to 13A into the proceedings in response to clarity objections raised by the claimant. The Court held that while the application was admissible, it was not allowable, rejecting the request because subsequent amendments are only permitted on an exceptional basis and the defendant should have foreseen the clarity objections.
Insulet Corporation v.EOFLOW Co., Ltd.
1 Milan - Central Division – Court of First Instance - UPC_CFI_1167/2025 Final Order pursuant to Rules 354.3, 262. 2 and 262A RoP of the Court of First Instance of the Unified Patent Court issued on 4 December 2025 Applicant INSULET Co 100 Nagog Park - MA 01720 - Acton – US Massachuset
Pari Pharma GmbH v.Koninklijke Philips N.V.
Pari Pharma GmbH filed a revocation action against Koninklijke Philips N.V. concerning European Patent No. EP3397329, titled 'Air-flow in a nebulizer head.' The patent, which relates to a nebulizer head and nebulizer system for providing a substance in aerosolized form, is registered with unitary effect and in force in Germany, France, and the UK. The defendant filed an application to amend the patent during the proceedings. The Court of First Instance of the Central Division (Milan) addressed issues including standing to sue under Art. 47(6) UPCA and the interpretation of schematic figures by the skilled person.
bioMérieux UK Limited v.Labrador Diagnostics LLC
This decision concerns European patent EP 3 756 767 B1 owned by Labrador Diagnostics LLC. bioMérieux UK Limited filed a revocation action against the patent, while bioMérieux SA and other bioMérieux group entities filed a counterclaim for revocation in response to an infringement action brought by Labrador Diagnostics in the Local Division Düsseldorf. The Central Division Milan addressed issues including amendments to the patent, auxiliary requests, added subject-matter, novelty, inventive step, sufficiency of disclosure, costs, and confidentiality. The court established that when a party submits numerous attacks that are unmanageable under principles of proportionality and speed, only the most promising attacks will be assessed on the merits.
Herbert Smith Freehills Kramer LLP v.1) Insulet Corporation; 2) EOFLOW Co., Ltd.
1 Milan - Central Division - First Instance - UPC_CFI_941/2025 Final Order pursuant to Rule 262.1 b) RoP of the Court of First Instance of the Unified Patent Court delivered on 16/10/2025 APPLICANT Herbert Smith Freehills Kramer LLP - Breite Str. 29, 40213 Düsseldorf, Germany Represent
Insulet Corporation v.EOFLOW Co., Ltd.
All costs relating to the enforcement do not fall within the scope of Rule 151 RoP. The wording of Rule 150 RoP does not allow for the compensation of costs incurred after the publication of the decision. The
Gilead Sciences, Inc. v.Respondent
1 Milan - Central Division - First Instance - central division UPC_CFI_552/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 04/09/2025 APPLICANT/S 1) Gilead Sciences, Inc. (Applicant) - 333 Lakeside Drive - 94404 - Foster City - US Rep
Centre National de la Recherche Scientifique - CNRS, Bodycap, Université de Rennes v.EPO
1 UPC_CFI_628/2025 ORDONNANCE du Tribunal de première instance de la Juridiction unifiée du brevet Division Centrale (section de Milan) concernant une Action contre une décision de l’OEB (règle 97 RdP) rendue le 6 août 2025 DEMANDEURS 1) Bodycap 6, rue du docteur Laënnec 14200 -
Novartis AG v.ZENTIVA PORTUGAL, LDA, ZENTIVA K.S.
1. Art. 69 UPCA, by requiring legal costs to be proportionate and reasonable (see also Rule 152.1 RoP), establishes a legal standard that enables the judge-rapporteur to issue a decision on legal costs. One might ask whether this provision is compliant with Art. 8 and 78 UPCA, which provide for a decision to be issued in principle by a panel. It can be assumed that, once a decision on the merits has been taken, the requirements of proceedings efficiency and proportionality prevail (the deci
EOFLOW Co., Ltd. v.Insulet Corporation
- Rule 355.2 RoP requires that, before issuing a decision by default against a defendant based on a procedural violation or failure to defend, the Court must verify that the case file contains sufficient, precise and consistent evidence to enable the judgment to be issued. A decision by default cannot be issued against the defendant based solely on a procedural violation or failure to defend. - A patent has its own lexicon. However, patent terms should be interpreted following a straightfo
Insulet Corporation v.EOFLOW Co., Ltd.
- Rule 355.2 RoP requires that, before issuing a decision by default against a defendant based on a procedural violation or failure to defend, the Court must verify that the case file contains sufficient, precise and consistent evidence to enable the judgment to be issued. A decision by default cannot be issued against the defendant based solely on a procedural violation or failure to defend. - A patent has its own lexicon. However, patent terms should be interpreted following a straightfo
bioMérieux Deutschland GmbH, bioMérieux Italia S.p.A., bioMérieux SA, bioMérieux Austria GmbH, bioMérieux Benelux BV, bioMérieux Portugal, Lda. v.Labrador Diagnostics LLC
This procedural order concerns two related revocation cases before the Court of First Instance, Central Division Milan, involving European Patent EP 3 756 767 B1 owned by Labrador Diagnostics LLC. The court addressed procedural matters following an interim conference, including an opposition filed by bioMérieux France, confirmation of exhibits, and the management of an excessive number of invalidity attacks. The court directed bioMérieux to narrow its inventive step attacks and focus on specific added matter arguments, while structuring the upcoming oral hearing and setting deadlines for further submissions.
bioMérieux UK Limited v.Labrador Diagnostics LLC
This Procedural Order was issued by the Court of First Instance, Central Division Milan, on 18 July 2025, managing two related revocation proceedings concerning European Patent EP 3 756 767 B1 owned by Labrador Diagnostics LLC. The court addressed the management of bioMérieux's extensive invalidity attacks (approximately 50 attacks based on 16 prior art citations) and directed bioMérieux to narrow its arguments, preferably to three inventive step attacks and specific added matter features. The court also set deadlines for submissions and preliminary cost estimates, and outlined the structure of the upcoming oral hearing.
UPC Decision UPC-000601 v.Respondent
Before issuing a decision by default when the defendant did not even enter proceedings, factors other than the lack of opposition must be considered. Rule 355.2 RoP has a broader scope than Rule 171.2 RoP and must be interpreted in light of the front-loaded nature of UPC proceedings. This implies that, in a decision by default the Court is required to verify whether the claimant has put forward all elements in its possession to justify the legal relief sought. The
EOFLOW Co., Ltd. v.Insulet Corporation
In principle, the costs of the proceedings are not covered by confidentiality under Rule 262A RoP or by the attorney-client privilege unless they are specifically indicative of the company's financial capacity, its commercial strategy, or the importance of the patent as a corporate asset. Applying these principles, confidentiality as a general principle might also be granted to costs incurred by companies for legal services relating to litigation and patent protection, since this informatio
UPC Decision UPC-000670 v.Respondent
- Rule 355.2 RoP requires that, before issuing a decision by default against a defendant based on a procedural violation or failure to defend, the Court must verify that the case file contains sufficient, precise and consistent evidence to enable the judgment to be issued. A decision by default cannot be issued against the defendant based solely on a procedural violation or failure to defend. - A patent has its own lexicon. However, patent terms should be interpreted following a straightfo
Maschio Gaspardo S.p.A. v.Spiridonakis Bros GP
Article 53(f) of the UPCA allows the Court to perceive the functionality of the embodiments (patented and attacked) and comprises all activities detailed in Articles 170(1)(c) and 170(2)(f) and (g) of the Rules of Procedure, and therefore, not only inspections. According to Article 53(f) UPCA, the Court may compare the objects of the proceedings (i.e., the patented and attacked objects) by viewing their dynamic functionality. If a party offers to exhibit the object in accordance with Rule 1
bioMérieux Benelux BV, bioMérieux Austria GmbH, bioMérieux Deutschland GmbH, bioMérieux Portugal, Lda., bioMérieux SA, bioMérieux Italia S.p.A. v.Labrador Diagnostics LLC
This is a procedural order from the Düsseldorf Local Division concerning European Patent EP 3 756 767 B1. The court exercised its discretion under Article 33(3)(b) UPCA to refer the counterclaim for revocation to the Milan Central Division, where a revocation action was already pending, while proceeding with the infringement action. The Claimant requested the referral and the Defendants did not object, leading the Panel to treat the matter as a unanimous request.
GlaxoSmithKline Biologicals SA v.Respondent
1 Milan - Central Division - First Instance - central division UPC_CFI_687/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22/04/2025 Claimants Pfizer Inc. Pfizer Europe MA EEIG Pfizer B.V. Pfizer S.A. Pfizer Manufacturing Belgium S.A.
Pfizer SAS, Pfizer AB, Pfizer Luxembourg S.a.r.l., Pfizer Aps, Pfizer Corporation Austria GmbH, Pfizer S.r.l., Laboratórios Pfizer, Lda., Pfizer Oy v.Respondent
1 Milan - Central Division - First Instance - central division UPC_CFI_687/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22/04/2025 Claimants Pfizer Inc. Pfizer Europe MA EEIG Pfizer B.V. Pfizer S.A. Pfizer Manufacturing Belgium S.A
Pfizer Europe MA EEIG, Pfizer Manufacturing Belgium S.A, Pfizer Ltd, Pfizer Service Company S.R.L., Pfizer B.V., Pfizer Inc, Pfizer S.A, Pfizer Pharma GmbH v.Respondent
1 Milan - Central Division - First Instance - central division UPC_CFI_476/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22/04/2025 Claimants Pfizer Inc. Pfizer Europe MA EEIG Pfizer B.V. Pfizer S.A. Pfizer Manufacturing Belgium S.A.
GlaxoSmithKline Biologicals S.A. v.Respondent
1 Milan - Central Division - First Instance - central division UPC_CFI_476/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22/04/2025 Claimants Pfizer Inc. Pfizer Europe MA EEIG Pfizer B.V. Pfizer S.A. Pfizer Manufacturing Belgium S.A.
EOFLOW Co., Ltd. v.Insulet Corporation
1 Milan - Central Division - First Instance - central division UPC_CFI_597/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 11/04/2025 APPLICANT EOFLOW Co., Ltd. (Applicant) - 302Ho, HUMAX VILLAGE, 216, Hwangsaeul-ro, Bundang-gu - 13595
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