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Our previous post of June 2014 Patent revocation actions in France: mind the slot! presented and criticized the decision of 25 April 2013 of the tribunal de grande instance de Paris, 3rd chamber, 1st section, Evinerude v. Giraudeau and Aair Lichens, applying to patent revocation actions the new time limitation period of five years adopted by the statute № 2008-561 of 17 June 2008 for actions qualified, under French law classification, as personal actions or real actions based on movable assets: according to this decision, the five-year limitation period running from the date on which the plaintiff “becomes aware or should have been aware of the facts entitling him to start” [...]

France: Valorom v. Urba Waste & Vauche, Court of First Instance of Paris, RG 12/05288, 2 May 2014

When does prior private use give a party the right to continue using the invention? Any person may claim personal possession on the ground of Article L. 613-7 of the French Intellectual Property Code providing that said person proves possession of the invention prior to the filing date or priority date of the patent. In a decision of 2 May 2014, the Paris Court of First Instance rejected a prior personal possession claim considering that the implementation plans of the invention are not sufficient evidence to demonstrate the required prior possession.

A full summary of this case has been published on Kluwer IP Law.

Dosage claims refused once again in France

The non patent eligibility of a new dosage for the same disease was reiterated by a decision issued by the tribunal de grande instance de Paris, 3rd chamber, 3rd section, handed down on 5 December 2014 in the infringement proceedings between Akzo Nobel NV, MSD OSS BV and MSD France SAS, on the one hand, and Teva Santé SAS, Ratiopharm GmbH, Merckle GmbH and Cemelog-BRS Ltd, on the other hand.

Teva was sued for launching a generic of the reference drug Cerazette a few months before the expiry of MSD’s supplementary protection certificate based on European patent № 0 491 443 relating to a contraceptive preparation containing progestogen only, more precisely desogestrel, 3-ketodesoges [...]

Is paying for a licensed but later invalidated patent contrary to Article 101 of the TFEU?

Pierre Véron and Amandine Métier, Véron & Associés

On 23 September 2014, the cour d’appel de Paris, in Genentech v. Hoechst and Sanofi Aventis Deutschland, Docket № 12/21810, decided to refer to the Court of Justice of the European Union the following question:

“Should the provisions of Article 81 of the Treaty, now Article 101 of the Treaty on the Functioning of the European Union, be interpreted as an obstacle to giving effect, in case of invalidation of the patents, to a licence agreement which imposes on the licensee royalties for the sole use of the rights attached to the patents under licence?”

Through this referral the court questions the compatibility [...]

Too natural to be patent-eligible

Tribunal de grande instance de Paris, 3rd chamber, 1st section, 3 July 2014, Evinerude v. Philippe Giraudeau and Aair Lichens

While the US decisions in Mayo Collaborative Services v. Prometheus Laboratories Inc. and Myriad Genetics led the USPTO to issue new guidelines to the attention of examiners on the procedure for subject matter eligibility analysis of claims reciting or involving “interalia” laws of nature and natural products, the tribunal de grande instance de Paris, in a judgment of 3 July 2014, clarifies the exclusion of discoveries from patent-eligible subject matter.

1.        Presentation of the judgment

Philippe Giraudeau is the inventor and the applicant of [...]

The EU Patent Package – Where does Europe stand End of June 2014?

1 Introduction

Reports that say there’s — that something hasn’t happened are always interesting to me, because as we know, there are known knowns; there are things that we know that we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns, the ones we don’t know we don’t know.

Donald Rumsfeld, United States Secretary of Defense, 1975-1977 and 2001-2006

According to Article 89 of the Agreement on a Unified Patent Court (UPCA), the Agreement is set up to enter into force on one of three dates, whichever is the latest. The first date provided in the Agreement was 1 January 2014. As we all know, it did not ha [...]

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