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Insulet v EOFLOW (CFI, 4 December 2025)

Date4 December 2025
CourtCFI
DivisionMilan (IT) Central Division- Section
Type of actionApplication RoP262A
Case number(s)UPC_CFI_1167/2025
Registry referenceUPC_CFI_1167/2025
PartiesInsulet Corporation v. EOFLOW Co., Ltd.
LanguageEnglish

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 · 19 October 2026

Our analysis

Summary

The Milan Central Division ordered EOFLOW to pay a penalty of EUR 150,000 for violating the preliminary injunction granted by the Court of Appeal on 30 April 2025, on the basis of evidence that EOFLOW had exported 11,520 insulin pump devices to Italy and Sweden between May and July 2025 in breach of that injunction, and ordered EOFLOW to reimburse EUR 10,000 in legal costs. The court dismissed the parties’ confidentiality applications under Rules 262.2 and 262A RoP, and declined to apply retroactively the stricter penalty terms specified by the Milan Central Division in July 2025 to conduct predating that specification, reasoning that a party cannot be forced to comply with terms only specified in detail at a later date.

Why it matters

The order shows how the UPC enforces its own provisional measures: penalty payments are assessed against the terms of the injunction as they stood at the time of the conduct, documentary evidence such as air waybills naming the enjoined party as shipper can establish the violation, and attempts to attribute the shipments to a distributor were rejected as, in the court’s words, “artificial and not evidence-based”. The dismissal of the confidentiality requests is equally instructive: information already discussed in the publicly available interim conference and oral hearing no longer meets the requirement that confidentiality be effectively ensured, so protection must be sought before the information enters the public record. The penalty was set with express reference to the deliberate continuation of the conduct in defiance of a binding order.

Practical point

An enjoined party that continues supplying through a distributor remains exposed where transport documents identify it as shipper, and confidentiality under Rule 262A must be requested before the material is aired in open proceedings.

Summary prepared by Dhenne Avocats. Only the official text of the decision is authoritative.

Going further

Lexicon: Confidentiality club, Application for a preliminary injunction, Order to preserve evidence (UPC), Supplementary protection certificate (SPC).

Dhenne Avocats blog: 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
English from the language of proceedings
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_CFI_1167/2025 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

  1. 4 December 2025 Insulet v EOFLOW (CFI, 4 December 2025) Application RoP262A · UPC_CFI_1167/2025
  2. 4 February 2026 EOFlow v Insulet (CoA, 4 February 2026) Appeal RoP220.2 · appeal, first-instance number cited in the decision

    L’appel contre l’ordonnance prononçant une astreinte et fixant les frais est irrecevable faute d’autorisation expresse de la division de première instance. La demande d’effet suspensif est rejetée.

  3. 18 March 2026 EOFLOW v Insulet (CoA, 18 March 2026) Appeal RoP220.2 · appeal, first-instance number cited in the decision

    La cour d'appel rejette l'appel d'EOFlow : les informations communiquées à Insulet sans ordonnance au titre de la règle 262A ne sont plus des secrets d'affaires ni des informations confidentielles, aucune limitation implicite d'usage n'existant.

What the record states

Nature of the act
Application RoP262A
Outcome (Dhenne Avocats summary)
The Milan Central Division ordered EOFLOW to pay a penalty of EUR 150,000 for violating the preliminary injunction granted by the Court of Appeal on 30 April 2025, on the basis of evidence that EOFLOW had exported 11,520 insulin pump devices to Italy and Sweden between May and July 2025 in breach of that injunction, and ordered EOFLOW to reimburse EUR 10,000 in legal costs. The court dismissed the parties' confidentiality applications under Rules 262.2 and 262A RoP, and declined to apply retroactively the stricter penalty terms specified by the Milan Central Division in July 2025 to conduct predating that specification, reasoning that a party cannot be forced to comply with terms only specified in detail at a later date.
Appeal
An appeal is documented in the corpus (see above).
Instance
First-instance decision, whether it has become final is not recorded.

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.

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