According to Article 65 of the European Patent Convention ("EPC"), when the European patent granted is not drafted in one of the official languages of the EPC, any contracting state may require that…
Thanks to the constitutional revision of 23 July 2008 (which created Article 61-1 and amended Article 62 of the French Constitution), a new procedure to control the constitutionality of laws was…
The Court of Appeal held that Roche c.s. infringed the patent. Test results regarding the allegedly infringing product were admitted as evidence because Roche's arguments were held insufficient to…
After widespread reform in late 2010 (previously reported here), the Patents County Court (the "PCC") is increasingly becoming a court of choice in intellectual property matters in England and Wales,…
The High Court considered the extent to which a claim for damages in a patent infringement case could be extended at the damages inquiry stage. It found that whilst it is just and convenient to…
By decision of 5 April 2012, no. 5497, the Italian Supreme Court resolved an interesting case concerning the application of Article 68 (3) Italian IP Code, according to which “Whoever, in the course…
At the beginning of this year, the German Federal Court of Justice (“FCJ”) rendered in “Tintenpatrone II” (“Ink Cartridge II”) (Docket No. X ZR 94/10) a decision of interest concerning the relation…
In ResQNet.com, Inc. v. Lansa, Inc. (Fed. Cir. 2010), the U.S. Court of Appeals for the Federal Circuit held that patent litigation settlement agreements can be relevant in a different proceeding to…
Mr X was ordered to pay damages for the infringement of a French patent No. 87‑03865, relating to a massage device, by a decision of the Cour d’Appel of Limoges on 10 September 2001. In the absence…
