Insulet Corporation v Menarini Diagnostics Limited & Ors

Insulet Corporation v Menarini Diagnostics Limited & Ors

There is a serious issue to be tried that EOFlow was party to a common design and/or procured Menarini UK’s infringement of the 390 Patent, based on the exclusive distribution agreement, the structure of the relationship, branding, and collaborative conduct, such that the English court has jurisdiction over EOFlow. EOFlow’s application to set aside the order granting permission to serve out of jurisdiction is dismissed.

Parties
Claimant: Insulet Corporation; First Defendant: Menarini Diagnostics Limited; Second Defendant: A. Menarini Diagnostics Srl; Third Defendant: EOFlow Co Ltd
Jurisdiction
England and Wales
Judgment Date
29 November 2024
Procedural Posture
Patent Infringement / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction
Outcome
Application dismissed
Legal Topics
Patent Infringement, Jurisdiction, Joint Tortfeasorship, Exclusive Distribution Agreements, Common Design, Procurement of Tort
Intellectual Property Law Civil Procedure Patent Infringement Jurisdiction Joint Tortfeasorship Exclusive Distribution Agreements Common Design Procurement of Tort

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Parties

Insulet Corporation

Claimant

Menarini Diagnostics Limited

First Defendant

A. Menarini Diagnostics Srl

Second Defendant

EOFlow Co Ltd

Third Defendant

Procedural Posture

Patent Infringement / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether there is a serious issue to be tried that EOFlow is a joint tortfeasor with Menarini UK for patent infringement
  2. 2 Whether the English court has jurisdiction over EOFlow based on common design or procurement of tort

Ratio Decidendi

There is a serious issue to be tried that EOFlow was party to a common design and/or procured Menarini UK’s infringement of the 390 Patent, based on the exclusive distribution agreement, the structure of the relationship, branding, and collaborative conduct, such that the English court has jurisdiction over EOFlow. EOFlow’s application to set aside the order granting permission to serve out of jurisdiction is dismissed.

Court Disposition

Application dismissed

Orders

  • EOFlow’s application to set aside the order of Zacaroli J dated 7 June 2023 is dismissed.
  • Permission to appeal is refused.