Flexibility At The UPC Enables Hard Copy Intervention Filing

The UPC has continued to show flexibility with its approach to the CMS, with a Panel exercising its discretion to allow the filing of a hard copy of an intervention. The UPC Rules of Procedure state that written pleadings and other documents must be lodged in electronic form (Rule 4.1). Where it is not possible to do so due to an issue with the CMS, a hard copy document may be lodged with an electronic copy then lodged as soon as practicable after (Rule 4.2).

In an Order dated 1 October 2024 (in the matter of Insulet v EOFlow, UPC_CFI_380/2024), the Panel in the Central Division, Milan ruled the hard copy filing of an application to intervene to be admissible. Pharmaceutical company Menarini had filed an application to intervene in the infringement proceedings where its distributor EOFlow was the defendant. The claimant, Insulet, questioned the admissibility of the intervention as the document was not filed electronically, as required by the Rules of Procedure. The