LANGUAGE OF PROCEEDINGS English SUBJECT
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
SCHNELL S.P.A., A.W.M. S.R.L v.Progress Maschinen & Automation AG
This order concerns an application for a cost decision filed by AWM s.r.l. and Schnell s.p.a. regarding the infringement action and counterclaim for revocation in UPC CFI no. 178/2024 and no. 432/2024. The respondent Progress Maschinen & Automation AG argued that its appeal against the first instance decision, filed on 11.12.2025, had automatic suspensive effect under Article 74(2) UPCA, rendering the cost application untimely. The applicants countered that R. 150 RoP does not require finality and that the suspensive effect should be limited to the revocation portion of the decision. The Court rejected the applicants' restrictive interpretation, holding that the automatic suspensive effect applies to the decision in its entirety.
PROGRESS MASCHINEN & AUTOMATION AG v.AWM s.r.l.,Schnell s.p.a.
This case concerns an infringement action and counterclaim for revocation regarding European Patent EP 2726230 B1, which protects a method and apparatus for continuously producing a lattice girder. Progress Maschinen & Automation AG, the patent proprietor, alleged that the Girderflex/Girderflex VSX machinery produced by AWM s.r.l. (a member of the Schnell Group since 2022) infringed its patent. The defendants contested validity through a counterclaim for revocation, raising issues of novelty, inventive step, and added matter. The Milan Local Division of the Court of First Instance addressed these substantive patent law questions alongside procedural matters concerning evidence preservation and requests to amend the patent.
Insulet Corporation v.A. Menarini Diagnostics s.r.l.
Insulet Corporation filed an application for provisional measures against A. Menarini Diagnostics S.r.l. for alleged infringement of European patent EP 4 201 327, relating to its Omnipod 5 insulin patch pump technology. Insulet asserted that Menarini's distribution of the EOPatch (marketed as GlucoMen Day Pump) infringed its patent rights. The Milan Local Division addressed key procedural questions regarding the admissibility of auxiliary requests to amend the patent in provisional measures proceedings, holding that such amendments are inadmissible under Rule 30.2 RoP and must be raised in main proceedings.
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