patents

European General Court dismisses Lundbeck’s appeal against the Commission’s fine for delaying market entry of generic medicines

(The Italian version is also published on Diritto24 – Il Sole 24 Ore)

By decision of 8 September 2016 in T-472/13, the European General Court (“GC”) dismissed Lundbeck’s appeal against the European Commission (“EC”)’s decision to fine it – and a number of generic companies – for delaying market entry […]

The burden of proof in IP negative declaratory proceedings: a ruling from the Bologna IP Court

In its recent decision no. 302 of 2016, the Bologna Court division dealing with IP matters addressed the much-debated subject of the burden of proof in negative declaratory proceedings, specifically in the context of patent litigations.

The proceedings had been brought by an Italian company, seeking negative declaratory relief from […]

The Court of Milan on the application of the problem-and-solution approach and the assessment of damages

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

A recent ruling in a patent infringement case (no. 8356/15) gave the Court of Milan the opportunity to reiterate its position on the application of the so called “problem-and-solution approach” and on the criteria for […]

Patent enforcement in Italy beyond and after civil proceedings (Court of Cassation, Criminal Chambers, Ruling No. 15646/2015)

(Article co-authored by Luca Musso, Studio Legale Musso)

A legal dispute between two competing businesses in the construction sector involving some of the most compelling issues in patent enforcement came to a close with the Court of Cassation (Criminal Chambers) ruling no. 15646/2015. A closer look at how the proceedings unfolded […]

The Court of Milan in Mylan v. Boehringer applies the ECJ decisions on supplementary protection certificates

By decision no. 4136/2015 of 31 March (in Mylan v. Boehringer), the Court of Milan declared the invalidity of a supplementary protection certificate (“SPC”) for a combination of two active ingredients, one the object of a basic patent (and already covered by an SPC) and the other one in […]

The “problem and solution approach” in a recent decision of the Milan IP Court

(The original Italian version is published on Diritto24 – Il Sole 24 Ore)

A dispute concerning patent infringement recently brought the Milan Court (Business Chamber “A”) to apply the so-called “problem and solution approach” in assessing the inventive step of the invention at issue. In the judgment that defined the […]

Is a mere distributor entitled to file a patent infringement lawsuit? The Italian Supreme Court says yes

Even the mere distributor of a patented product is entitled to file a lawsuit for infringement of the relevant patent in a competent court: so it was ruled by the Italian Court of Cassation, thus taking a stance in a very controversial matter, in judgment no. 15350/2014.

The holder of […]

The Court of Milan in Sanofi v. Teva “repeats” the CJEU judgment in Actavis

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

By judgment No. 9855/14 published on 1 August, the Business Chamber “A” of the Court of Milan has decided the lawsuit filed by Sanofi against Teva for the infringement of supplementary protection certificate no. UB99P653 […]

Pharmaceutical patent litigation: the Balduzzi Decree put to the test

In recent years a large number of patent infringement proceedings have started between originator pharmaceutical companies manufacturing patented drugs, and companies commercialising the corresponding generic medicinal products. These proceedings are particularly linked to the entry onto the market of the generic product before the expiry date of the patent […]