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Daniela Ampollini (Trevisan & Cuonzo)
Skinny label insufficient for avoiding infringement of second medical use claims, says the Court of Milan.
February 14, 2022

In another chapter of the enforcement of Novartis’ patents concerning the second and further uses of everolimus for the treatment of several solid tumors (a first post can be viewed here), the Court…

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Daniela Ampollini (Trevisan & Cuonzo)
Everolimus breast cancer use patent considered valid in preliminary injunction proceedings in Italy and then upheld at first instance in the EPO
November 15, 2021

On 9 July 2021, the Court of Milan issued a preliminary injunction (PI) prohibiting a generic company from selling everolimus for use in combination with an aromatase inhibitor in the treatment of…

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Enrico Bonadio (City St. George’s, University of London), Giovanni Trabucco (Bocconi University)
Standard Essential Patents in Italy: a review of the existing case law (Part II)
September 15, 2021

In April Enrico Bonadio, Luke McDonagh and Francesco Chierichetti reported in this blog four decisions in Italian SEP-related litigations. Since then, thanks to further research and inputs from…

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Enrico Bonadio (City St. George’s, University of London), Luke McDonagh (London School of Economics), Francesco Chierichetti (Legance)
Standard Essential Patents in Italy: a review of the existing case law
April 21, 2021

SEP-related case law in Europe is regularly reported in this blog, and other European platforms. Decisions of courts in UK, Germany, France and the Netherlands on FRAND royalties, anti-suit…

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Roberto A. Jacchia (De Berti Jacchia Franchini Forlani)
Italian Court of Appeal awards EUR 1,5 mio damages in pharma patent case for 40 days infringement
June 30, 2020

Whilst the Italian Courts are not famous for awarding substantial damages in IP cases, a recent decision of the Rome Court of Appeal seems to have gone in the opposite direction, albeit taking a very…

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Daniela Ampollini (Trevisan & Cuonzo)
Italy: an update on post grant limitations and infringement
October 28, 2019

In another post (here) I have discussed the procedure for seeking post grant limitation in the framework of Italian court proceedings, and the closing line of that post mentioned that another…

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Daniela Ampollini (Trevisan & Cuonzo)
Are auxiliary requests admitted in Italian patent validity proceedings?
June 22, 2018

After post grant limitations in court were introduced in Italy by the 2010 reform of the IP Code (IPC), there is hardly a patent validity case in which the patent holder does not play the card of…

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Daniela Ampollini (Trevisan & Cuonzo)
The Italian Supreme Court on the patentability of chemical intermediates and infringement by equivalents, i.e. how to lose another occasion to get it right.
December 31, 2016

By decision no. 1651 of 14 October 2016 (publication reference: 24658/2016), the Italian Supreme Court put an end to the longstanding litigation between Bayer and the Italian company Industriale…

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Daniela Ampollini (Trevisan & Cuonzo)
Italy to ratify the UPC Agreement and to implement provision on indirect infringement
December 03, 2016

On 25 November 2016 Italy's ratification law of the UPC Agreement was published in the Official Gazette of the Italian Republic (Law no. 214 of 3 November 2016 – link to the Official Gazette here).…

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Pieter Callens (Eubelius)
(Italian) sun is shining over the unitary patent package
July 17, 2015

  Since the dismissal by the Court of Justice of the European Union of Spain’s actions on 5 May 2015 a number of positive decisions are coming from the unitary patent / UPC scene: 1) By the end…

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