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…
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…
The Paris District Court clarified its interpretation of Article 123 EPC regarding disclaimer allowability and allowed a disclaimer restoring novelty of a patent.
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The Paris Court of Appeal clarified the interest of a potential competitor to seek the revocation of a patent. It was particularly unclear whether any competitor, current or potential, could have a…
The French Supreme Court specified the rules for the application of the doctrine of equivalence in the assessment of infringement of a process patent, holding that a patented process is considered to…
Regarding the gathering of evidence in French and foreign territories, the Paris Court of Appeal affirmed the appealed decision and acceded to defendant's reasoning in ruling that (i) the 'saisie…
The French Supreme Court for the first time recognized, as a general principle of French patent law, the estoppel "according to which a person may not contradict themselves to the detriment of…
The Paris Court of Appeal clarified the conditions to be assessed by the Court in order to grant an interlocutory injunction pursuant to Article L. 615-3 of the French Intellectual Property Code.
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