Key takeaways
Default Judgment on Revocation
Failure to comply with a court order (Rule 158 RoP) for security for costs can result in the dismissal of a revocation action by default (Rule 355.2 RoP), especially when the opposing party requests it.
Non-compliance with a legally issued order and a request by a party are prerequisites for a decision by default.
A thorough assessment of patent claims (Art. 69 EPC), description, and drawings is crucial for determining infringement, even if the defendant fails to defend.
Division
Central Division Milan
UPC number
UPC_CFI_597/2024, ACT_56003/2024
Type of proceedings
Revocation action, Infringement action, Cost decision
Parties
Claimant in the revocation proceedings and Defendant/Counter-defendant to the counterclaim for infringement: EOFLOW Co., Ltd.
Defendant in the revocation proceedings and Claimant/Counter-claimant in the infringement proceedings: INSULET CORPORATION
Patent(s)
EP4201327
Jurisdictions
UPC
Body of legislation / Rules
Rule 355.2 RoP, Rule 158 RoP, Art. 69(4) UPCA, Art. 69 EPC, Art. 63 UPCA, Arts. 64, 67 UPCA, Rule 354.3 RoP, Rule 119 RoP, Article 1(3) of the decision of the Administrative Committee, Rule 150.2 RoP, Rule 220 RoP, Rule 157 RoP, Rule 221 RoP, Rule 356 RoP
