In a legal decision by the Milan Local Division, Biopsafe ApS, a Danish company, filed an infringement action against the Italian company Kaltek S.R.L. concerning patents EP'617, EP'401, and EP'132. Kaltek countered with a revocation claim for two of these patents and sought a security for costs due to concerns about Biopsafe's alleged financial instability.

Kaltek argued that Biopsafe's financial structure, characterized by modest share capital and high dividend distributions, indicated a risk that Biopsafe might not cover the legal costs. However, Biopsafe defended its financial standing, highlighting a recent acquisition by Medcap and claiming robust financial health.

The Court found that Kaltek had not sufficiently demonstrated that Biopsafe's financial status presented a legitimate concern for cost recovery. Key findings by the Court included that modest share capital and a microenterprise structure were not reliable indicators of financial unsoundness. They also recognized Biopsafe's substantial equity and market valuation, dismissing Kaltek's claims.