1. Key takeaways
R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose.
R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose. If the appellant has no legal interest in bringing appeal proceedings anymore, there is no reason to adjudicate on it. This means the appeal has become devoid of purpose in the meaning of R.360 RoP.
No cost reimbursment in case of R.360 order
No decision on the reimbursement of legal costs will be made in a R.360 order since such an order is not a final order or decision concluding an action (see Court of Appeal, order 16 September 2024 – ICPillar v. SVF Holdco, ORD_50692/2024, APL_33746/2024, UPC CoA 301/2024, par. 41)
2. Division
Court of Appeals Luxemburg
3. UPC number
UPC_CoA_584/2024
4. Type of proceedings
Infringement Proceedings
5. Parties
Appellant: EOFlow Co., Ltd.
Respondent: Insulet Corporation
6. Patent(s)
EP 4 201 327
7. Body of legislation / Rules
Rule 360 RoP
UPC_CoA_584-2024-CoA-2025-01-09 Download
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
