UPC Milan divisions reject Insulet’s PI applications

Both the local and central divisions in Milan have rejected Insulet's PI applications due to doubts about the validity of the patent-in-suit. This is a setback in the company's fight over insulin patch pumps with competitors Menarini and Eoflow.

Insulet has already seen success in this litigation series against competitor Medtrum at the Regional and Higher Regional Courts Düsseldorf, as well as in damages proceedings. However, the company has now suffered a setback. The local division Milan has rejected Insulet’s PI action against Menarini (case ID: ACT_40442/2024, UPC_CFI_400/2024).

Similarly, the central division Milan rejected Insulet’s application for provisional measures against Eoflow under RoP 206 (case ID: ACT_39640/2024, UPC_CFI_380/2024). Both Milan divisions had doubts about the patent’s validity. Insulet now has two weeks to decide whether to appeal to the Court of Appeal. Alternatively or additionally, Insulet could also initiate proceedings on the merits.

The company has filed suits over infringement of EP4 201 327, which protects insulin patch pumps. The European patent has unitary effect which can only be asserted before the UPC.

Following successes at Düsseldorf Regional Court against the two competitors in the spring, neither company may sell their products in Germany. Now Insulet is attempting to drive the two companies out of other markets by means of the UPC lawsuit.

Interestingly, both Milan decisions made the assessment that a patent cannot be enforced to a limited extent in PI proceedings. This is in contrast to main proceedings, in which the patent owner could proceed on the basis of a restricted patent. This is particularly relevant if there are concerns regarding a patent’s validity, as in the present case.