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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 h [...]

Patent revocation actions in France: mind the slot!

Until recently, third parties had not to worry about the date at which they would initiate a patent revocation action in France. However, nowadays, this issue is a hot topic in France.

The origin of the current controversy is not recent as it lies in statute № 2008-561 of 17 June 2008 which shortened to 5 years the time limit to initiate actions qualified, under French law classification, as personal actions or real actions based on movable assets. This 5-year time period runs from the date at which the owner of a right becomes aware or should have been aware of the facts entitling him to do so.

For the time being, only one decision had the opportunity to decide upon the determination of [...]

Vetrotech v. Interver, Court of Cassation of France, 13 February 2013 ”

The French Supreme Court condemned a patentee’s undue use of an evidentiary measure (infringement seizure, “saisie-contrefaçon”) as a way to obtain information from a competitor, specifically information relating to the manufacturing processes of its direct competitor, beyond the scope of the lawsuit (“fishing expedition”).

The full summary of this case has been posted on Kluwer IP Law.

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Elan Pharma v. Ethypharm, District Court Paris (Tribunal de Grande Instance Paris), 21 December 2012

The Paris District Court clarified its interpretation of Article 123 EPC regarding disclaimer allowability and allowed a disclaimer restoring novelty of a patent.

Click here for the full text of this case.

A summary of this case will be posted on http://www.Kluweriplaw.com .

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