Key takeaways
Criteria for intervention (Rule 313 RoP)
✓
- An intervener must demonstrate a legally qualified interest, not merely a factual one.
- This interest must be connected to the legal relationship in litigation and entail potential harm to the intervener’s rights if the original party loses the case.
Decision on costs of an application to intervene (Rule 150 RoP)
✓
- Legal costs can follow a decision on the right to intervene, which itself entails a decision on the merits.
- The intervention procedure is judicial in nature and subject to the adversarial right of defense.
Definition of “successful party” (Rule 151 RoP)
✓
- The “successful party” in sub-proceedings, such as intervention requests, is entitled to seek legal cost compensation.
- This includes parties who successfully prevent a third-party intervention to the proceedings.
Assessment of legal costs (Art. 69 UPCA, Rule 152 RoP)
✓
- Legal costs should be assessed based on proportionality and reasonableness.
- It is not necessary to submit an invoice for the costs incurred.
Division
Central Division Milan
UPC number
UPC_CFI_380/2024
Type of proceedings
Procedural order on costs following an application to intervene (Rule 313 RoP)
Parties
- Insulet Corporation: Applicant in the main proceedings (UPC_CFI_380/2024)
- Menarini Diagnostics s.r.l.: Respondent in a parallel proceeding (UPC_CFI_400/24)
- EOFLOW co. Ltd.: Respondent in the main proceedings (UPC_CFI_380/2024)
Patent(s)
EP 4 201 327
Jurisdictions
Unified Patent Court
Body of legislation / Rules
- Rule 150 RoP
- Rule 151 RoP
- Rule 152 RoP
- Rule 313 RoP
- Rule 314 RoP
- Art. 69 UPCA
