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Insulet v A. Menarini Diagnostics (CoA, APL_64383/2024, 9 January 2025)

Date9 January 2025
CourtCoA
DivisionLuxembourg (LU)
Type of actionApplication RoP262A
Case number(s)UPC_CoA_769/2024
Registry referenceAPL_64383/2024 · App_68619/2024 · App_68621/2024 · UPC_CoA_769/2024
PartiesInsulet Corporation v. A. Menarini Diagnostics s.r.l

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 9 January 2025 (UPC_CoA_769/2024), the judge-rapporteur of the Court of Appeal held that A. Menarini Diagnostics’ confidentiality request in Insulet’s appeal against the Milan Local Division’s refusal of provisional measures (EP 4 201 327) was superfluous. The first-instance order of 4 September 2024, which was not appealed, provided that the confidentiality obligation would survive the end of the proceedings. It therefore applies on appeal. Parties need not seek again on appeal protection already granted at first instance.

Question

Must a party obtain a fresh Rule 262A order on appeal where the same information is already protected by a first-instance order?

Decision

No. An unchallenged first-instance order restricting access to specified persons continues to apply after the end of the proceedings, and so on appeal (paragraph 9, citing Curio Bioscience v 10x Genomics), the Milan order said so expressly (paragraph 10). As the information and the persons with access are the same (paragraph 11), the request is superfluous and Insulet’s representatives need not be invited to comment under Rule 262A.4 (paragraphs 8 and 12). The requests to exclude the public from the hearing (Rule 115) and to restrict third-party access (Rule 262.2) will be dealt with if and when needed (paragraph 13). The Registry is to grant access to the partially redacted Statement of Response only to the persons named in the order of 4 September 2024.

Key points for practice

Provisions applied

Rules of Procedure
Rules 115, 262.1, 262.2, 262A and 354.3
Case law cited
Curio Bioscience v 10x Genomics, Court of Appeal, 28 March 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.


Going further

Lexicon: UPC Court of Appeal, Confidentiality club, Supplementary protection certificate (SPC), Biosimilar medicinal product.

Dhenne Avocats blog: UPC Appeals: What the Numbers Show, Pharmaceutical patents and the UPC: is the Court hostile to them?.

Publications by Matthieu Dhenne: The Launch Letter: How Generics and Biosimilars Should Write to Avoid UPC Urgency (Kluwer Patent Blog).

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

  • UPC_CoA_769/2024 official number

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Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Application RoP262A
Outcome (Dhenne Avocats summary)
Le juge rapporteur écarte, sans l’examiner au fond, la demande de confidentialité de Menarini, l’ordonnance de première instance non contestée continuant de s’appliquer en appel.
Appeal
Decision of the Court of Appeal.
Instance
Court of Appeal decision.

Patents mentioned

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 4 201 327
Fluid delivery device with transcutaneous access tool, insertion mechanism and blood glucose monitoring for use therewith
recorded proprietor: Insulet Corp
Mentioned in the analysis (role not qualified)
Also mentioned in 25 other decision(s): EOFLOW v Insulet (CFI, 22 July 2025) · EOFLOW v Insulet (CoA, 18 March 2026) · EOFlow v Insulet (CoA, 26 February 2026) · EOFlow v Insulet (CoA, 4 February 2026) · EOFlow v Insulet (CoA, 29 January 2026) · Herbert Smith Freehills Kramer (applicant) in Insulet v EOFLow (CoA, 2 · Insulet v EOFLOW (CFI, 15 October 2025) · EOFLOW v Insulet (CFI, ORD_26828/2025, 5 June 2025)
not recordednot recordednot recordedEspacenet · European Patent Register
existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically)
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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