In a recent ruling rendered in the General Hospital v Asclepion case, the Italian Supreme Court wrote the latest episode of the “Italian torpedo” never ending saga. In particular, the Supreme Court upheld the jurisdiction of the Italian Courts in respect of a cross-border Declaration of Non Infringement (DNI). This ruling overturns the earlier Supreme Court judgment in the BL Macchine Automatiche v Windmoeller case which had ruled out cross-border DNI claims, also known as “Italian torpedoes”. The above is probably sufficient news for the older readers of this blog but not for the younger ones.
Italian torpedo was a popular defence in European patent litigation by whi [...]
Over the past months several webites have been launched that try to track and trace any and all news and documents on the Unitary Patent and Unified Patent Court (“UPC”). Today the faithful UPC watcher has a new forum to shop: www.unified-patent-court.org. This is not just any website, but the official online outlet of the Preparatory Committee of the UPC.
As the website notes, the Preparatory Committee’s function is to oversee the various work streams in the establishment of the UPC. Five major work streams are distinguished and coordinated by specific project teams:
A first roadmap for these areas has been pub [...]
Jurisdiction at the place where the harmful event occurred or may occur pursuant to Article 5 (3) of Regulation EC/44/2001 can be established in a negative declaratory action even though this action seeks to declare the absence of liability in tort, as long as the relevant linking conditions are fulfilled.
Click here for the full text of this case.
A summary of this case will be posted on http://www.Kluweriplaw.com[...]
Today the UPC Rules Committee is passing the official version of the 15th draft of the UPC Rules of Procedure to the Commission. It is anticipated that this will become the first draft for official release very soon by the Preparatory Committee, and then be the subject of a period (probably three months) of public consultation. A previous version of this draft was leaked unofficially some weeks ago (dated 29 April). Given, however, that six weeks has elapsed since them it is to be assumed that there have been some further changes of significance. A further post will follow as soon as the new draft is available and has been reviewed.[...]
and Fergus Tyrrell.
Despite recent guidance, the UK High Court has deemed it necessary to refer a question to the Court of Justice of the European Union (CJEU) that seeks to clarify what is meant by a “human embryo”, highlighting an uncertainty that exists in relation to the patenting of stem cells. The case ( EWHC 807 (Ch)) was an appeal from International Stem Cell Corporation (ISCC) against the decision of the UKIPO to refuse two of ISCC’s patent applications on the grounds that they included unpatentable subject matter under paragraph 3(d), Schedule A2 of the Patents Act 1977. It was ruled that the inventions concerned “uses of human embryos for industrial or commercial pur [...]
On 16 April 2013 the European Court of Justice (“ECJ”) handed down a judgment dismissing the nullity actions filed by Spain and Italy against Council Decision 2011/167/EU, of 10 March 2011, whereby an enhanced cooperation procedure was approved relating to the creation of a unitary patent (joint cases C-274/11 and C-295/11). This decision has of course sparked a debate as to whether it will put to rest the legal concerns raised on the substantive and procedural legal basis used by the EU’s institutions to move the EU unitary patent project forward in spite of the concerns expressed by Spain and Italy. To put this debate in context, the readers will remember that the Kingdom of Spain recently [...]