In Sanofi and Regeneron v. Amgen, the Düsseldorf Local Division upheld a second medical use patent but dismissed the infringement action. The difficulty was proving that the medicine would be…
This second contribution completes the analysis developed in Part 1. Building on the product-centred reasoning adopted by the District Court of The Hague, it examines the limits of that approach in…
I am particularly pleased to publish this commentary, co-authored with my friend and colleague Marco Stief, whose earlier work on this decision provided the starting point for the present analysis,…
The UPC Paris Local Division has just released its much-anticipated decision in Merz v. Viatris, which at first glance looks like a familiar pharmaceutical case. A generic product moves through the…
For months, commentary on Boehringer has flourished across the European patent community. Yet amid the noise, the fundamental question—what the decision truly changes in the logic of injunctions…
In 1976, Tom Scholz—a MIT-trained engineer and sonic perfectionist—spent months layering guitar tracks in the basement of his Boston apartment to produce More Than a Feeling, a song whose depth came…
Reading the title of this paper, perhaps you will smile, thinking about all the discussions that this issue has already ignited, even before the UPC came into force. Since the beginning, most…
My British colleague has already commented brilliantly on the UK ruling in this case from the point of view of plausibility (see here). For my part, I'd like to comment the French ruling in the same…
“Jamais deux sans trois”. The French Supreme Court (“Cour de Cassation”) has issued no less than seven decisions relating to SPCs on February 1st, 2023. After having reported the two relating to the…
