2025-04-07 - CoA - Insulet v. Menarini - UPC_CoA_769/2024
- Aktenzeichen:
- UPC_CoA_769/2024
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Decision
- Parteien:
- Insulet Corporation v. A. Menarini Diagnostics s.r.l.
Kernaussage: The Court of Appeal confirmed a settlement under R.
2025-04-07 - CoA - Insulet
v.
Menarini - UPC_CoA_769/2024
notable
The Court of Appeal confirmed a settlement under R. 365.1 RoP in an appeal against the Milan Local Division's refusal of provisional measures, and at the parties' joint request incorporated its own preliminary opinion on claim construction, validity and infringement — delivered orally by the presiding judge at the hearing of 10 March 2025 — into the settlement as a preamble. That preamble is expressly preliminary and decides nothing, but it records a claim construction that departs from the first-instance orders: a claim feature is read in the light of the claim as a whole and of the functional relationship between the features, and the term 'fluid delivery device' denotes an assembled product. On that construction the Court took the preliminary view that neither cited document was novelty-destroying and that no pointer led the skilled person to the invention, so claim 1 seemed more likely than not valid, and that the non-infringement arguments did not hold. The Court held terms 2 to 10 of the agreement confidential and entered a redacted decision on the register, while deferring the R. 262.2 RoP request until a member of the public applies for access under R. 262.1(b) RoP.