patent @en

The parallel import of patented drugs from “new” EU Member States: the ECJ explains the Specific Mechanism

(An Italian version is also published on Diritto 24 – Il Sole 24 Ore)

The European Court of Justice (“ECJ”) recently clarified the function of the “Specific Mechanism” regulating the parallel import of patented drugs within the EU, which provides an exemption to the principles of free movement of goods […]

The submission of new evidence to the Court’s expert witness, voluntary patent limitation and the revocation of interim measures

Some of the most debated issues in Italian patent litigation intersect in a recent order of the Enterprise Matters Section of the Court of Milan (Ord. December 2, 2014, docket no. 20896/2011, Judge Giani), including that of the submission of new evidence to expert witnesses and that of the […]

Patent infringement and product families: the scope of claims, reach of injunction and extent of damages according to the IP Court of Milan

A recent ruling of the Milan IP Court in a patent litigation (which we already examined from a different perspective here) contains some interesting statements on the scope of infringement claims, the reach of court injunctions and the extent of damages.

The suspension of validity and infringement proceedings pending appeal against the grant of a patent: a recent decision of the Court of Milan

On 19 June the Business Chamber of the Court of Milan issued a ruling on patents focusing on the suspension of validity and infringement proceedings pending appeal against the grant of a patent.

The proceedings dealt with a granted European patent, which had also been maintained after opposition proceedings. The […]

Patent limitation in validity proceedings before Italian courts: an important ruling of the Milan IP Court

(Written with Andrea Balsamo – Provvisionato & Co.) A recent ruling of the IP Court of Milan (Judgment no. 7708/2014, published on 11/06/2014) provides a few insights on the issue of patent limitations in the course of proceedings before Italian courts under Article 79 paragraph 3 of the Italian IP […]

Rights on independent contractors’ inventions according to the IP Court of Milan

An invention made by an independent contractor, if that contractor was hired to invent, belongs to the client. This principle, which is already well established in Italian case-law, has been confirmed by the IP Court of Milan in recent judgment no. 6964/2014.

Motion for an Interim Declaratory Judgment by the Alleged Patent Infringer: a Textbook Case (IP Court of Milan Order of 17/02/2014, Docket No. 89649/2013)

In Italy’s IP courts, an alleged infringer can seek an interim declaratory judgment within the framework of summary, fast-track proceedings, in order to swiftly prevent or stop the hostile use of a patent by a competitor. It’s a remedy granted by Article 120, paragraph 6 of the Italian IP Code, […]

European Patents and the Italian Torpedo: the IP Court of Milan Departs from the Court of Cassation?

With a recent decision (Judgment no. 1143/2014 ) concerning the jurisdiction of the Italian courts with respect to non-Italian fractions of European patents, the IP Court of Milan seems to depart from the position expressed by the Supreme Court in its late 2013 reversal on the so-called Italian Torpedo (commented, […]

The Ex Parte Description in Italian IP Courts: an Atypical Measure

Ex parte descriptions follow their own special rules and are quite unique among provisional measures available under Italian IP laws. This has been confirmed in a recent decision made by the IP Court of Milan (order of 12/28/2013, Docket no. 71667/2013).

European Commission fines Lundbeck for delaying market entry of generic medicines

Last 19 June, the European Commission (“EC”) imposed a fine of € 93,8 million on Danish pharmaceutical company Lundbeck, further than fines totalling € 52,2 million on several producers of generic medicines. The fines were imposed because Lundbeck had agreed with each of these companies to delay the market […]

“Late Reaction” and Irreparable Harm in Italian IP Interlocutory Proceedings

A much debated issue in Italian IP litigation is whether a “late reaction” against alleged infringements by the right-holder should affect his chances of obtaining an urgent interlocutory relief. Precedents suggest that the right-holder will be affected. However, a recent patent infringement case decision by the Turin IP Court (Feb. […]