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ORD_69078/2024

Insulet Corporation v. EOFLOW Co., Ltd.

Date
2025-05-01
Division
Luxembourg (LU)
Type of action
Appeal RoP220.1
Language
EN

Metadata

Case IDORD_69078-2024-d2f2104ad1b5
Case number
Registry numberORD_69078/2024
Order referenceORD_69078/2024
Keywords
Headnotes

Documents and full text

Extractor: pypdf | Pages: 32

1 Order of the Court of Appeal of the Unified Patent Court issued on 30 April 2025 concerning a request for provisional measures HEADNOTES: 1. The interpretation of a patent claim is a matter of law. Therefore, the Court cannot leave the judicial task of interpreting the patent claim to an expert but has to construe the claim independently. 2. The skilled person is a notional entity that cannot be equated w ith any real person in the technical field of the invention. The decisive factor is not the individual knowledge and abilities of a person, but rather the general specialist kn owledge that is customary in the relevant field of technology, as well as the average knowledge, experience, and abilities in this specialist field. It is for the Court, not the expert, to assess these circumstan ...