EOFLOW v Insulet (CoA, 10 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 9 January 2025 (UPC_CoA_584/2024), the Court of Appeal disposed of EOFlow’s appeal as devoid of purpose. The appeal challenged the Milan Central Division’s order of 24 September 2024 refusing to join Insulet’s application for provisional measures against EOFlow (EP 4 201 327) with its parallel application against Menarini before the Milan Local Division. As both applications were rejected on 22 November 2024, EOFlow could gain nothing from success on appeal. The order confirms that Rule 360 applies to appeals and that a procedural order does not give rise to a costs decision.

Question

Does an appeal against a refusal to join proceedings retain any purpose once the applications for provisional measures have been rejected at first instance?

Decision

Rule 360 also covers appeals. Absent a legal interest in the appeal, there is no need to adjudicate (paragraphs 18 and 19). The appeal must be capable of procuring an advantage for the appellant (paragraph 21). The refusal to join did not harm EOFlow, since both applications failed (paragraph 22), any procedural error could be corrected on appeal against the final decision, and the arguments based on suspensive effect and the balancing of interests do not assist (paragraphs 23 to 25). Joinder is assessed case by case, which creates no present interest (paragraph 26). Insulet’s costs request is refused, as the order does not conclude an action (paragraph 27).

Key points for practice

• An appeal against a procedural order becomes devoid of purpose once the outcome of the main proceedings makes its reversal useless to the appellant.
• An order disposing of an appeal on a procedural point does not carry a costs decision (paragraph 27).

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1)

Rules of Procedure

Rules 211.3, 223, 333, 340.1 and 360

Case law cited

ICPillar v SVF Holdco, Court of Appeal, 16 September 2024

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.