Insulet v A. Menarini Diagnostics (CFI, 1 October 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 1 October 2024 (UPC_CFI_400/2024), the Milan Local Division dismissed the application of EOFlow, the manufacturer of the EOPatch insulin patch pump, to intervene in support of its exclusive distributor A. Menarini Diagnostics in the provisional measures proceedings brought by Insulet on EP 4 201 327. Without ruling out intervention in summary proceedings as a matter of principle, the division gave priority to the applicant’s interest in a speedy decision. The order matters for manufacturers whose distributors alone are sued in summary proceedings.

Question

May a third party that manufactures the allegedly infringing product intervene under Rule 313 RoP in provisional measures proceedings brought against its distributor?

Decision

Rule 313 RoP requires a direct and present legal interest and support for a party’s claims. The reference to the written procedure suggests proceedings on the merits, but intervention is allowed « at any stage of the proceedings » (paragraphs 2.3 and 2.4). Here the balance of interests led to dismissal (paragraph 3): the two-step procedure under Rule 313 is incompatible with the hearing set for 15 October 2024 and would excessively slow the summary proceedings, EOFlow, defendant in parallel proceedings before the Milan Central Division on the same patent, had known of the case since July and applied only thirty days before the hearing, its arguments already being before the UPC in the other case, finally, the provisional decision has no res judicata effect and affects the manufacturer only indirectly, in economic terms.

Key points for practice

• Practical point: a manufacturer wishing to support its distributor in summary proceedings must apply to intervene promptly, a late application, while it is already litigating against the patentee elsewhere, yields to the need for speed.

Provisions applied

Rules of Procedure

Preamble and Rules 206, 313 and 314

Case law cited

Düsseldorf Local Division, 26 June 2024, UPC_CFI_457/2023, Vienna Local Division, 30 July 2024, UPC_CFI_33/2024.

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.