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SPC revoked, PI lifted, but no damages awarded

In the Sanofi v. Teva ruling of 10 July 2014, the Court of Milan clarified the test for abuse of process, and denied an award of damages allegedly caused by the issue of a preliminary injunction which was later lifted due to the revocation of the enforced SPC.

The case concerned the Italian part of the irbesartan saga, in which Sanofi was engaged in several countries in the enforcement of its CoAprovel SPCs, covering irbesartan + hydrochlorothiazide. In the aftermath of the Medeva/Georgetown decisions, Sanofi obtained preliminary injunctions against generic CoAprovel in several jurisdictions, on the assumption that the combination irbesartan + hydrochlorothiazide was “specified in the wo [...]

Despite the defeat at the CJEU, Spain will not join the Unitary Patent system

banderaSpain will not change its mind and join the Unitary Patent package, now that the Court of Justice of the European Union (CJEU) has dismissed its legal challenges of the patent package, laid out in the EU Regulations 1257/2012 and 1260/2012 and the UPC Agreement. This is the expectation of the Confederation of Employers and Industries of Spain (CEOE). Spanish industry is much better off outside the system, according to the CEOE, which answered questions by Kluwer IP Law. ‘All Spanish companies will be able to use the system without suffering from the disadvantages.’

Over the last years, the Spanish government has always opposed the new Unified Patent Court and Unitary Patent system. Would [...]

Italy wants to join the Unitary Patent

In an important change of position and influenced by the CJEU’s rejection of the Spanish challenge, Italy has announced it wants to join the enhanced cooperation within the European Union to create the Unitary Patent.

vlag italie kleinThis has been reported by various sources. According to the website of the Società Italiana Brevetti (SIB), Undersecretary Simona Vicari of the Italian Economy Ministry declared yesterday that joining the Unitary Patent is a priority for her ministry. ‘After the decision of the Court of Justice of the European Union of 5 May that dismissed Spain’s appeal, we have the confirmation that the legal framework of the Unitary Patent package is not in question’,  Ms. Vicari said.

T [...]

Decision expected in Italy on participation in Unitary Patent and Unified Patent Court

vlag italie kleinIn a surprise move, the Italian Ministry of Economic Development made a formal call last week on stakeholders to share their view as to what Italy should do with the Unified Patent Court (UPC) and Unitary Patent (UP) system. Italy is the only European country which has signed the UPC Agreement, but has stayed out of the enhanced cooperation within the EU leading to creation of the UP.
The Ministry wanted to know what the most favourable option is for stakeholders, including employers’ associations, patent attorneys and universities: 1) Italy to join the enhanced cooperation and to ratify the UPC Treaty; 2) Italy to remain adverse to the Unitary Patent, but to ratify the UPC Treaty; or 3) I [...]

Want to revoke a patent? Call the inventor

The Italian Supreme Court recently (and surprisingly) said that inventors must be named as co-defendants in revocation actions.

In 2010 I wrote a post concerning the requirement to name inventors as co-defendants in Italian revocation actions. I reported that the Court of Appeal of Milan had established a principle whereby named inventors had to be called in revocation actions and, if they were not, proceedings could not reach the stage of decision. This was based on the then in place provision of Article 122 (4) of the of Italian IP Code, according to which “Any action aimed at the revocation of an industrial property title shall be brought against all persons listed in the register as r [...]

The Court of Turin on the patentability of software

By ruling of 21 February 2014, the Court of Turin decided a case between the US corporation Rovi and a number of Italian consumers electronics manufacturers. These had produced / imported set-top-boxes equipped with Electronic Programme Guides (EPG) that allegedly made use of the Rovi EPG patents, although without being covered by the Rovi licensing scheme. The Turin Court ruling is interesting as it tackles – one of the very few in the Italian case law – the issue of software patentability, reaching conclusions opposite to those of the UK courts in the Rovi versus Virgin Media saga.

The case had commenced with the filing by the Italian manufacturers of a nullity action against patents [...]

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