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…
On 3 September 2012, the Adminstrative Court decision in the Italian antitrust case involving Pfizer was published. This decision completely reversed the ruling of the Italian Antitrust Authority…
By ruling of 10 July 2012, the Court of Turin decided in the first instance an infringement action filed by Italian company Novamont against German and French companies Biotec and Biosphère, for the…
The District Court of Turin rejected Merck's requests for a preliminary injunction, finding lack of inventive step of the claimed co-formulation of dorzolamid and timolol based on a prima facie…
The Supreme Court held that the patent claiming a device to be mounted on ovens used to industrially drain pasta was infringed by application of the doctrine of equivalence.
A summary of this case…
The Supreme Court revoked claims 1 to 4, and found claim 5 to be novel and inventive but not infringed, because the result of defendant's machine was not obtained by the claimed means. The court…
The Supreme Court held that Article 68 (3) IP Code relating to prior use, sets forth both a "quantitative" and a "qualitative" limit, in the sense that it "serves to identify the business behavior…
In a decision of 9 February 2012, the Court of Appeal of Milan decided a case concerning the ownership of the rights over an invention allegedly made in the framework of a work-made-for-hire…
By decision of 23 March 2012, the Supreme Court decided a case between two competitors in the field of steel products and machinery, concerning in particular the alleged infringement of two Italian…
