UPC takes strict approach on costs reimbursement

​
October 30, 2025

Insulet v. EOFlow

UPC_CFI_773/2025 and UPC_CFI 774/2025 (Milan CD), decision of 15 October 2025[1]

The dispute began when Insulet sought a provisional injunction against EOFlow to prevent infringement of its patent EP4201327, which relates to insulin pumps. The Milan Central Division denied the injunction, but the UPC Court of Appeal granted it on 30 April 2025. Meanwhile, EOFlow commenced a revocation action at the Milan Central Division. Insulet defended this action and filed a counterclaim for infringement.

The revocation action ended in a decision by default against EOFlow due to failure to provide security for costs, and Insulet was successful in its counterclaim for infringement. In the decision, the court ordered an interim award of costs of €200,000 to Insulet[2].

Following the decision, Insulet lodged an application for a costs decision.

No appeal

EOFlow did not appeal the decision. As a result, the court considered that the decision, including the interim award of costs of €200,000, was res judicata. The implication seems to be that an interim award of costs cannot be modified downwards in a separate cost procedure.

Strict approach to evidence

With the application, Insulet submitted its representatives' invoices and payment sheets, proving that the expenses they were requesting have been invoiced and actually paid by Insulet.

The court took a strict approach to the required evidence, stating

Pursuant to Rule 156 RoP, the party requesting cost compensation must indicate exactly which cost item it is requesting payment for… The party must therefore make a choice: either submit the costs to the Court or keep them confidential and waive their payment.

Following this approach, the court excluded from the recoverable costs that were unintelligible due to being totally or partially redacted.

Reasonable & proportionate costs

According to Article 69 UPCA, reasonable and proportionate legal costs and other expenses incurred by the successful party are borne by the unsuccessful party. In this decision, the court sets out a number of examples of costs that it considered to be unreasonable and/or disproportionate.

The court excluded costs that related to the rescheduling of the interim conference due to a conflicting hearing of one of Insulet's representatives, stating

It is not clear why the losing party should pay for the personal schedule problems of one of the lawyers representing the counterparty. This cost item lacks proportion and reasonability.

When considering proportionality, the court also took into account the fact there was significant overlap between the present case and the appeal in the application for provisional measure, and that the proceedings were significantly simplified following EOFlow's refusal to provide the ordered security for costs. The court therefore applied a 30% reduction to all costs incurred after April 2025, when the appeal was decided and security for costs was ordered.

It is not clear from the decision why the court did not think that the costs incurred after April 2025 already reflected the simplification of the case.

Costs must always relate to the case on the merits

Finally, the court also excluded any costs relating to enforcement, stating that all costs relating to the enforcement phase must also be excluded. Enforcement costs, like enforcement procedures in general, fall outside the jurisdiction of the UPC. The cost decision is always logically dependent on the merits phase and cannot include costs accrued after proceedings are terminated. Costs must always relate to the case on the merits.

[1] https://www.unifiedpatentcourt.org/en/node/159495

[2] As reported here: https://eip.com/global/latest/article/milan-central-division-issues-decision-by-default-clarifying-the-requirements/

The Latest Thought Leadership pieces in the Content Hub

UPC Considers but does not decide exhaustion of rights in relation to consumables
October 30, 2025
Brita v. Aquashield UPC CFI 248/2024 (Munich LD), decision of 22 August 2025[1] UPC CFI 564/2024 (Munich LD), decision of 16 October 2025[2] Brita sued Aquashield and others for infringement of...
UPC Infringement Actions: Is Speed Meeting Expectations?
September 23, 2025
The Unified Patent Court promised simplified and faster patent litigation across Europe. Two years in, we look at whether it’s delivering on that promise. For patent holders and defendants alike, the duration of infringement actions can significantly impact market strategies, investment decisions, and competitive positioning. In this article, we set out an in-depth analysis of how the court’s procedural rules are shaping the pace of litigation. By examining key milestones—from the filing of an infringement action to the issuance of a final judgment—we assess whether the UPC is delivering on its promise of efficiency.
Emerging Practice Points from the UPC
September 2, 2025
We have been keeping a close eye on the decisions coming out of the UPC and as the court starts to establish itself a number of practice points are starting to emerge.
Stay in the Know

The Patent Strategist

Get expert insights and the top patent stories delivered straight to your inbox.

Heading
This is some text inside of a div block.
This is some text inside of a div block.

Latest Insights

Showing 0 of 100
UPC Agreement Is Not EU Law, No Referrals to CJEU
01 September 2025
expert v. Seoul Viosys, UPC_CoA_380/2025 Order of 20 August 2025 (ORD_22147/2025)[1] This order from the UPC Court of Appeal clearly states that the Court of Justice of the EU cannot be asked to...
#
Litigation
​
Unconventional Service: igus v. Whale Technology
29 August 2025
UPC_CFI_318/2025, decision of 5 August 2025 (ORD_34299/2025)[1] In a default judgment issued by the Düsseldorf Local Division of the Unified Patent Court, Whale Technology (Shanghai) Co., Ltd.
#
Litigation
​
A Cloud of Uncertainty: Implications of G 1/23 for Software Companies
29 July 2025
On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (EPO) issued its landmark decision in case G 1/23 (Solar Cell Sealing Materials and Solar Cell Module), a ruling that has...
#
Consulting
​
Flawed consultation on Standard Essential Patents launched by UK Government
29 July 2025
Earlier this month, the UK Government unveiled its latest consultation on Standard Essential Patents, proposing some "practical steps" which they are considering to "create a more balanced system"...
#
Litigation
​
UPC refuses extension of deadline for review of seizure order after refusal of service
22 July 2025
Sichuan Yuanxing Rubber Co., Ltd. and China Council for the Promotion of International Trade, Automotive Sub Council Order of 14 July 2025 (ORD_26742/2025 [1]) This article follows up on the UPC...
#
Litigation
​
UPC grants ‘in absentia’ permanent injunction on agricultural tool
21 July 2025
Maschio Gaspardo S.p.A. v Spiridonakis Bros GP (UPC_CFI_513/2024 relating to EP1998604) Order of 25 June 2025 (ORD_17812/2025 [1]) This Decision from the Central Division of the Unified Patent Court...
#
Litigation
​
Applying Ocado, the UPC grants a R262 request to access CFI documents
09 July 2025
NJOY Netherlands B.V v Juul Labs International, Inc (UPC_CFI_309/2023) Order issued 9 June 2025 (ORD_27305/2025) [1] The Paris Central Division revoked Juul Lab's patent EP 3 498 115 B1 by decision...
#
Litigation
​
Unified Patent Court: The Impact of Brexit
26 June 2025
The Unified Patent Court (UPC) now has jurisdiction over 18 of the 27 EU states and advertises itself as an EU court but is there any prospect of the UK getting involved in the Unified Patent Court...
#
Consulting
​
Lionra Technologies Ltd. v Cisco Systems GmbH and Cisco Systems, Inc.
25 June 2025
UPC_CFI_58/2024 Following a decision, a successful party has one month to apply for a costs decision (Rule 151). In the relevant case, the main decision (dated 19 February 2025) stated that the...
#
Litigation
​
Provisional Injunction Denied for Small Molecule Kinase Inhibitor
19 June 2025
Zentiva Portugal, LDA v. Boehringer Ingelheim International GMBH (UPC_CFI_41/2025 relating to EP1830843) Court of First Instance Order dated 8 May 2025 ORD_18599/2025 [1] Summary The Application for...
#
Litigation
​
Avoiding Added Matter Pitfalls: Mastering Amendments Before the EPO
17 June 2025
"Added matter" objections are a common and often frustrating hurdle in European patent prosecution. The European Patent Office (EPO) takes a particularly strict stance on claim amendments, especially...
#
Patenting
​
The UPC two years on: Withdrawals of actions becoming prominent
09 June 2025
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state...
#
Litigation
​
INTA 2026 Essentials: Where to stay, what to see and what to do
03 June 2025
Discover the INTA 2026 Essentials! This comprehensive guide will help you navigate your stay, showcasing the best accommodations, must-see attractions, and exciting activities to enjoy during your visit.
#
Patenting
​
Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
29 May 2025
A key question for those working in a fast-paced and complex industry such as quantum technology is when to patent any technological developments.
#
Consulting
​
AI and Bitstreams at the Core of China’s Patent Update
28 May 2025
On April 30, 2025, the China National Intellectual Property Administration (CNIPA) released a draft amendment of the Patent Examination Guidelines (for public comment), proposing further revisions to...
#
Patenting
​