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Daniela Ampollini  (Trevisan & Cuonzo)
Pfizer offers commitments to settle case at the Italian Competition Authority
June 20, 2011

In the antitrust case initiated by the Italian Competition Authority (AGCM) last October (see my posts here and here), Pfizer have offered a number of commitments in order to settle the case and…

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Kristof Roox  (Crowell & Moring)
First Belgian decision on SPC’s coverage of combination products
June 17, 2011

Co-author Christiaen Dekoninck The Antwerp Court applied the infringement test to assess the validity of a supplementary protection certificate (SPC) covering a combination product. As a result, the…

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Daniela Ampollini  (Trevisan & Cuonzo)
IBSA Institut Biochimique SA v. Pharmacia & Upjohn in liquidazione and Pfizer Italia s.r.l., District Court Milan (Tribunale Milano), 26 May 2009
June 11, 2011

The Milan Court revoked a patent on the second medical use of a known drug because excerpts of the protocol of the clinical trials aimed at proving efficacy of the second use had been published…

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Daniela Ampollini  (Trevisan & Cuonzo)
AstraZeneca AB v. EG S.p.A, District Court of Turin (Tribunale di Torino), 14 February 2011
June 11, 2011

The Court of Turin held that Article 68 (1 bis) of the Italian IP Code, which was introduced by Legislative Decree 131 of 13 August 2010, establishing that ‘Without prejudice to the provision of…

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Thorsten Bausch  (Hoffmann Eitle)
EPO Boards of Appeal Divided about Exchangeability of "Comprising" by "Consisting"
June 10, 2011

Can a claim directed to a "Composition comprising A, B and C" amended into a "Composition consisting of A, B and C", i.e. a composition that only contains A, B and C and no further components? Or…

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Thomas Musmann  (Rospatt Osten Pross)
Premature clandestine marketing of generics by pharmaceutical sales representatives vis à vis physicians
June 10, 2011

by Max v. Rospatt In a recent decision the Landgericht Duesseldorf (4a O 277/10 – Pramipexol) issued a preliminary injunction against a generic company before the generic was listed in one of the…

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Anders Valentin  (Bugge Valentin)
Should national utility model registrations always be independent of their corresponding european patents?
June 07, 2011

In Denmark, a patentee may opt to apply for a utility model registration in addition to a patent, provided that the conditions for the grant of both rights are fulfilled. One of the strategic…

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Brian Cordery  (Bristows)
Hargreaves Review
June 06, 2011

The Hargreaves Review, or to refer to it by its official title, “A Review of Intellectual Property and Growth” by Professor Ian Hargreaves, was commissioned by the UK coalition government in 2010 to…

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Pierre Véron  (Véron & Associés)
Who may bring an action for patent revocation?
June 06, 2011

  Who may bring an action for patent revocation? Such is the fundamental question which has been submitted to the Tribunal de Grande Instance of Paris in a case whose factual circumstances made…

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Miquel Montañá  (Clifford Chance)
Is a Judge that has considered the validity of a patent in one case prevented from also considering its validity in a higher instance?
June 01, 2011

On 26 April 2011, the Supreme Court handed down an interesting decision en banc declaring that a Judge who had confirmed the validity of a patent while sitting on a Court of Appeal is not prevented…

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