MILAN LOCAL DIVISION Law and Practice Contributed by: Vittorio Cerulli Irelli, Lorenzo Battarino and Daniel Borgogni, Trevisan & Cuonzo
Pirelli Tyre SpA v Tianjin Kingtyre Group Co Ltd et al Infringement action, filed 5 December 2024 The action follows enforcement of a seizure order which was granted ex parte by the Milan LD to seize the defendants’ products on dis - play at a trade fair taking place in Milan. The applicant had originally requested the grant of provisional measures – specifically a preliminary injunction and others – but converted its request to a seizure order only after a preliminary hear - ing scheduled by the court with the applicant to discuss the existence of the grounds for granting the provisional measures requested. The patent in suit concerns a technology to achieve a tyre that offers excellent performance in both dry and wet driving conditions. At the time of writing, the defendants have received service but have yet to file their statement of defence. No further details on the action are cur - rently available to the public. Morello Forni v Gastroteam et al Infringement action, filed 13 December 2024 The action concerns the alleged infringement of Morello Forni’s patent covering a pizza dough shaping machine. Morello Forni (an innovative Italian SME) commenced proceedings against the former distributor of its machine reproducing the claimed features, claiming that the same now markets an identical copy of the original machine. The Italian distributor of such machine was also involved in the action. At the time of writing (June 2025), the defendants have received service but have not filed their statement of defence within the relevant deadline under Rule 23 RoP. No fur - ther details on the action are currently available to the public.
tion raised by the defendants which challenged the jurisdiction of the UPC to rule over infringe - ment of the Spanish portion of one of the two European patents enforced (see 4.2 Key Proce- dural Issues for further details). Agathon AG v Intercom Srl & Knarr Vertriebs GmbH Infringement action, filed 3 December 2024 The action concerns the alleged infringement of Agathon’s patent covering a centring device for a mould tool. Due to issues related to the lan - guage of the documents filed by the plaintiff, the judge has ordered Agathon to file translations thereof and accordingly granted the defendants an extension to file their statement of defence. No further detail concerning these proceedings is publicly available. Pirelli Tyre SpA v Sichuan Yuanxing Rubber Co Ltd et al Infringement action, filed 5 December 2024 The action follows enforcement of a seizure order which was granted ex parte by the Milan LD to seize the defendants’ products on dis - play at a trade fair taking place in Milan. The applicant had originally requested the grant of provisional measures – specifically a preliminary injunction and others – but converted its request to a seizure order only after a preliminary hear - ing scheduled by the court with the applicant to discuss the existence of the grounds for granting the provisional measures requested. The patent in suit concerns a technology to achieve a tyre that offers excellent performance in both dry and wet driving conditions. At the time of writing, the parties have reached a con - fidential settlement, such settlement has been approved by the Court under Rule 365 RoP, but the case has yet to be terminated.
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