EOFLOW v Insulet (CFI, 15 February 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 15 February 2025 (ORD_65815/2024, UPC_CFI_380/2024), Andrea Postiglione, judge rapporteur in the Milan Central Division, dismissed without examining the substance EOFLOW Co., Ltd.’s application for its costs in the provisional measures proceedings brought by Insulet Corporation on EP 4 201 327, which had been dismissed. The order settles a question of timing: the costs of provisional measures proceedings followed by an action on the merits or by an appeal are decided with the merits.

Question

May a party that has defeated an application for provisional measures recover its costs immediately, while merits proceedings and an appeal are pending?

Decision

The judge noted that Rule 150 provides for cost proceedings after the decision on the merits, and that Art. 69 UPCA lays down a general rule not confined to merits decisions (paragraphs 10 to 12). Following the same division’s order of 23 December 2024, he accepted that some sub-proceedings may ground a costs claim, but only where they fully satisfy the applicant and end at the interim stage (paragraphs 15 to 18). That is not so where a merits action follows, here Insulet’s infringement counterclaim, or where the order is appealed (paragraphs 19 to 21). The summary nature of interim review, the risk of double assessment and of non-final payments, and the principles of proportionality and flexibility justify deciding costs together with the merits (paragraphs 22 to 28). Leave to appeal was granted.

Key points for practice

• The costs of provisional measures proceedings followed by an action on the merits are assessed at the end of that action, not separately.
• A free-standing costs claim is only possible where the interim proceedings fully satisfy the applicant and no merits action follows.

Provisions applied

Agreement on a Unified Patent Court

Art. 69

Rules of Procedure

Rules 150, 151, 157, 206, 213, 221 and 295

Case law cited

Milan Central Division order of 23 December 2024 (ORD_59988/2024), Court of Appeal, App. 283/2025 (date not stated)

Related decisions

• Insulet v EOFLOW, 22 November 2024, order dismissing the application for provisional measures.

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.