EOFlow's Request for Discretionary Review Dismissed

The Court of Appeal of the Unified Patent Court issued an order dismissing EOFlow Co., Ltd.'s request for discretionary review regarding penalty payments for infringing Insulet Corporation's patent (EP 4 201 327). EOFlow, a South Korean manufacturer, had breached a preliminary injunction related to its insulin pumps, leading to a penalty of EUR 150,000. EOFlow also appealed the denial of its confidentiality requests but was unsuccessful. The court emphasized that EOFlow had not adhered to the procedural requirement of requesting a leave to appeal within 15 days. Consequently, both EOFlow's main and auxiliary requests were deemed inadmissible. The appeal against the dismissal of a separate Rule 262.2 request remains pending.

UPC Publication Date:02/26/2026
Summarized:02/27/2026
Type:Request for a discretionary review (RoP 220.3)
Court:Luxembourg (LU)
Parties:EOFlow Co., Ltd. v. v. v. Insulet Corporation
Winning Party:Insulet Corporation
Counterclaim:No
Patent Number:EP 4 201 327
Patent Title:N/A
Grounds for decision:Failure to request leave to appeal within 15 daysNon-compliance with preliminary injunctionMisinterpretation of procedural rules by EOFlow
RemediesPenalty paymentsCosts