The Supreme Court returned to the issue of compensation for damages in relation to patent infringement and, in particular, the distinction between the sale and marketing of the infringing product for the purposes of  compensation for damages.

By judgment No. 1599/2025 of 5 May 2025, the Venice IP Court of Appeal affirmed that it is possible to obtain a declaratory judgment of infringement and the related injunctive and compensatory relief even with respect to a patent whose main claim has been declared invalid.

On February 18, 2025, Judgment No. 4131 issued by the First Civil Division of the Court of Cassation was published. The Court returned to the topic of co-owned patents, and particularly the applicability of the rules on co-ownership in such cases. The decision in question raised a legal issue of such significance as to justify a public hearing: in the case of patent co-ownership, may the invention be freely exploited by each co-owner, or, conversely, is the consent of the other always required?

By interim order of 24 April 2025 – perhaps the first, and certainly among the earliest Italian precedents on the matter – the Genoa IP Court issued a particularly noteworthy decision concerning the application of the so-called breeder’s exemption to plant-related patents.