Steven Kitchen
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
EOFlow Co., Ltd. v.Insulet Corporation
The Court of Appeal dismissed EOFlow's appeal against the Milan Central Division's denial of its requests under R. 262.2 RoP to classify certain business information as confidential. The court held that trade secrets or confidential information lose their protected character when disclosed to the opposing party without a R. 262A RoP order or other restriction, and that a R. 262.2 RoP request does not automatically prevent the other party from disclosing the information.
EOFlow Co., Ltd. v.Insulet Corporation
This appeal concerns a confidentiality request filed by EOFlow in proceedings related to a preliminary injunction finding that its insulin pump products infringe Insulet's European patent EP 4 201 327. The Court of Appeal held that there is no implicit limitation on the use of information received as a result of compliance with a court order to communicate information under Art. 67 UPCA and R. 191 RoP, and that EOFlow should have filed a R. 262A RoP application rather than relying on R. 262.2 RoP. The Court granted Insulet access to the documents labelled 'confidential,' denied EOFlow's request to restrict Insulet's use of the communicated information, and declined to decide on the remaining requests at that stage.
Hefei Xinhu Canned Motor Pump Co., Ltd v.Grundfos Holding A/S
The Court of Appeal of the Unified Patent Court ordered Hefei Xinhu Canned Motor Pump Co., Ltd to provide security for costs of EUR 75,000 in each of two appeal proceedings (UPC_CoA_622/2025 and UPC_CoA_623/2025) brought against Grundfos Holding A/S. The court held that under Art. 69(4) EPGÜ, only the respondent to an appeal (Berufungsbeklagter) is entitled to request security for costs, and that the risk of enforcement difficulties in China justified the order.
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