In the last instance, the Consiglio di Stato (the Italian supreme administrative court) established that Pfizer did commit abuse of a dominant position while it obtained and enforced in Italy its SPC…
In my earlier posts (here and here) I reported and commented on the first two phases of the Italian Pfizer antitrust case, in which the Italian Antitrust Authority (IAA) accused Pfizer of having…
In an earlier post, I reported the news that a new piece of legislation (the so called “Balduzzi Decree”, Law No. 189/12 of 8 November 2012 confirming Law Decree 158/12 of 13 September 2012 – a…
By decision of 21 February 2013, the Court of Turin clarified the test for prima facie case in search proceedings and the test for urgency in search proceedings and preliminary proceedings in general…
In one of my earlier posts I gave the news that, after years of uncertainty as to the admissibility of interlocutory (pre trial) declaratory judgements of non infringement in IP cases (here), the…
By order of 16 October 2012 in Sperotto v. Bolpagni , the Court of Turin stated, in line with a few other of its recent decisions, that patent infringement ordinary proceedings (even if including a…
On 11 December 2012 Advocate General Yves Bot delivered his conclusions on the complaints brought by Italy and Spain against the Coucil’s decision to proceed through enhanced cooperation to the…
Recently approved “Balduzzi Decree” (Law No. 189/12 of 8 November 2012 (confirming Law Decree 158/12 of 13 September 2012 - a consolidated version of the Decree is available here) seems to have…
A patent can be re-assigned to the legitimate rights holder based on a claim of entitlement under Article 118 Italian IP Code, even when the patented subject matter differs from the invention made by…