Insulet Corporation v. EOFLOW Co., Ltd.

UPC-000203

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

Jurisdiction
European UPC
Court / Office
Milan (IT) Central Division- Section
Case Number
UPC-000203
Judge(s)
and judge; Uwe Schwengelbeck Technically qualified judge The language of the proceedings is English

Detailed Summary

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 Massachusetts

Represented by Marc Grunwald and Frank Peterreins

Defendant

EOFLOW Co. Ltd 302Ho, HUMAX VILLAGE, 216 - 13595 - Hwangsaeul-ro, Bundang-gu, Seongnam-

si, Gyeonggi-do - KR

Represented by Mirko Weinert and Christopher Pierce

Patent number EP4201327

The decision is issued by the first instance panel (Rule 354.4) composed of:

Andrea Postiglione

Presiding judge and judge-rapporteur

Anna-Lena Klein

Legally qualified judge

Uwe Schwengelbeck

Technically qualified judge

The language of the proceedings is English.

On 14 October 2025, INSULET filed an application with this Court for the determination of a penalty

payment with regard to the following proceedings: UPC_CFI_597/2024 (Revocation Action);

UPC_CFI_787/2024

(Counterclaim

for

infringement);

ORD_22491/2025

ACT_56003/2024

2

Proceedings

for

Interim

Relief

(Court

of

Appeal,

Luxembourg);

UPC_CoA_768/2024

APL_64374/2024 ORD_69078/2024.

INSULET requested that:

I. The Respondent be ordered to pay penalty payments for non-compliance with the obligations

contained in Section II.I. of the ruling of the Court of Appeal’s Order in the preliminary injunction

proceedings dated 30 April 2025 (ORD_69078/2024, UPC_CoA_768/2024, APL_64374/2024) and in

item a) of the ruling of the Decision on the Merits of the Central Division Milan dated 22 July 2025

(ORD_22491/2025, ACT_56003/2024) . As expressly stated in the respective rulings, penalty

payments are requested for each violation and for each day on which the infringement continues,

with the exact amount of the penalty left to the discretion of the Court;

II. the Respondent bear the costs of the proceedings.

The Applicant maintained that EOFLOW had breached its obligations arising from the injunctive relief

issued by the Court of Appeal’s Order dated 30 April 20251 (the “Preliminary Injunction”) and the

on the Merits of the Central Division Milan dated 22 July 20252 (the “Decision on the

Merits”) by unlawfully supplying infringing products to Italy and Sweden despite having full

knowledge of the content of the injunction. Both decisions expressly stated that the import, export

and supply of infringing embodiments into UPC territory were subject to penalty payments.

1 The CoA ordered EOFlow to refrain from making, offering, placing on the market, using or possessing for the purposes

mentioned, or importing or storing the product for those purposes in the territories of the Republic of Austria, the

Kingdom of Belgium, the Republic of Bulgaria, the Kingdom of Denmark, the Republic of Estonia, the Republic of Finland,

the French Republic, the Federal Republic of Germany, the Italian Republic, the Republic of Latvia, the Republic of

Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Kingdom of the Netherlands, the Portuguese

Republic, the Republic of Slovenia and/or the Kingdom of Sweden a fluid delivery device comprising: a fluid reservoir; a

transcutaneous access tool fluidly coupled to the fluid reservoir; and a drive mechanism for driving fluid from the

reservoir, the drive mechanism comprising: a drive wheel; a plunger received in the reservoir; and a leadscrew extending

from the plunger; characterized in that the drive mechanism further comprises: a nut threadably engaged with the

leadscrew; and a clutch mechanism coupled to the drive wheel, wherein the clutch mechanism is configured to allow

the nut to pass through the clutch mechanism when disengaged and is configured to grip the nut when engaged such

that the drive wheel rotates the nut to advance the leadscrew and the plunger into the reservoir, such as the insulin

pumps shown in the pi

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Milan (IT) Central Division- Section. Understanding the court's reasoning in Insulet Corporation vs EOFLOW Co., Ltd. is valuable context for structuring arguments or assessing risk in similar proceedings.

Related Cases

patentUPC-COA-0000088/2026

Rematec GmbH & Co KGvsEurope Forestry B.V.

The Court of Appeal of the Unified Patent Court refused leave to appeal against an order of the Local Division Mannheim that had rejected Rematec's two cost determination applications as time-barred and dismissed its applications for reinstatement. The Court held that an application for leave to appeal under Rule 157 in conjunction with Rule 221 of the Rules of Procedure is inadmissible insofar as it is directed against the rejection of a reinstatement application, since Rule 320.7 expressly precludes appeals against orders on reinstatement. The Court also rejected Europe Forestry's request to impose costs on Rematec, noting that cost reimbursement is generally not available in cost determination proceedings.

patentUPC-COA-0000089/2026

Rematec GmbH & Co KGvsEurope Forestry B.V.

The Court of Appeal of the Unified Patent Court refused leave to appeal against an order of the Local Division Mannheim that had rejected Rematec's two cost determination applications as time-barred and denied reinstatement into the missed deadlines. The Court of Appeal held that an application for leave to appeal under R. 157 and R. 221 RoP is inadmissible insofar as it challenges the rejection of a reinstatement application, because R. 320.7 RoP expressly excludes appeals against orders on reinstatement. No arguable grounds for leave to appeal were identified regarding the rejection of retroactive deadline extension requests.

patentUPC-COA-0000146/2026

Promosome LLC and The Scripps Research InstitutevsBioNTech SE, BioNTech Manufacturing GmbH, BioNTech Manufacturing Marburg GmbH, BioNTech Innovative Manufacturing Services GmbH, BioNTech Europe GmbH, Pfizer Manufacturing Belgium NV, Pfizer SAS, Pfizer AB, and Pfizer, Inc.

This order of the Court of Appeal of the Unified Patent Court concerns three appeals (UPC-CoA-146/2026, UPC-CoA-147/2026, and UPC-CoA-148/2026) relating to EP 2 401 365. The appellants, Promosome LLC and The Scripps Research Institute, sought a one-month extension of the deadline for lodging their Statements of grounds of appeal, citing heavy professional workload and school holiday periods. Both groups of respondents (BioNTech and Pfizer entities) opposed the extension. The Court of Appeal rejected the applications, holding that the circumstances relied upon were foreseeable and did not justify an extension of the procedural time period.

patentUPC_CoA_312/2025

Kodak Holding GmbH, Kodak GmbH, Kodak Graphic Communications GmbHvsFujifilm Corporation

This is a procedural order from the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 511 174. The Respondents (Kodak entities) requested a one-week extension of the deadline to file written comments on the Applicant's (Fujifilm's) request for rehearing. The Court granted the extension until 23 October 2026, finding the request admissible and well-founded because the Applicant had consented, the extension was brief, and the Respondents' representatives had been occupied preparing for a related oral hearing before the Düsseldorf Regional Court that was postponed shortly before the application was filed.

patentUPC-CFI-0001271/2026

Huawei Technologies Co. Ltd.vsSercomm Italia SRL

This is a procedural order from the Local Chamber Munich of the Unified Patent Court concerning alternative service of process on Sercomm Italia SRL in a patent infringement action involving European Patent EP 3 611 989 B1. After multiple failed attempts to serve the Italian defendant at its registered business address, the rapporteur had previously ordered under Rule 275.2 RoP that the prior service measures constituted valid service. The present order addresses the fact that notification of that earlier order was unsuccessful and directs additional means of notification to ensure the defendant is informed.

patentUPC-COA-0000072/2026

Network System Technologies LLCvsQualcomm Incorporated, Qualcomm Technologies, Inc., Qualcomm Germany GmbH

The Court of Appeal of the Unified Patent Court rejected Network System Technologies LLC's (NST) applications for re-establishment of rights under R. 320 RoP. NST had sought to revive its late-filed appeals against the rejection of its R. 190 Applications (production of evidence) in three infringement proceedings against Qualcomm before the Munich Local Division. The Court held that NST failed to demonstrate that all due care had been taken, as the circumstances cited did not constitute exceptional circumstances or excusable error under the precedent set in AIM v Supponor.

Arctic Invent — IP Strategy

Dealing with a patent challenge?

Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.

Talk to our patent team →

Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.

Strategy Consult

Facing a similar patent matter?

Arctic's litigation team uses precedent data like this to build winning arguments.

Get a Strategy Call