If replacement of a worn-out component during the lifespan of a patented combination product is expected in the relevant trade circles, this will form part of the intended and thus admissible use,…
Almost one year ago the European Court of Justice (CJEU) “clarified” the law on supplementary protection certificates. On November 24, 2011 it rendered its verdict in the “Medeva” case (C-322-10)…
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 Brussels Court of Appeal issued a preliminary injunction against Eurogenerics on the basis of Lundbeck's Belgian SPC for escitalopram, despite the fact that the SPC had been invalidated in…
The Regional Court in Dusseldorf and the Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity…
On 8 June 2012, the Tribunal de Grande Instance of Paris rendered an interesting decision concerning Losartan. It particularly deals with two questions: the conditions of the SPC’s paediatric…
The interesting six-jurisdiction patent case between two of the world’s leading enzyme manufacturers, the Danish companies Danisco A/S (now part of DuPont) and Novozymes A/S has already been subject…
With its decision of 12 July 2012, Case C-616/10 - Solvay on the interpretation of Articles 6(1), 22 (4) and 31 of Regulation (EC) No. 44/2001 (Brussels I Regulation, "BR") the European Court 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.
A…
