Litigation
at Milan (IT) Central Division- Section
5 litigation decisions from Milan (IT) Central Division- Section.
Litigation Decisions
5 cases | Page 1 of 1
Gilead 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.
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