Orange juices up its defense
Patent my French!
by Renaud
2y ago
The summer was relatively quiet – patent case law-wise, that is. Thus, now may be a good time to go back on some interesting decisions issued during the first semester which I did not have time to comment upon. In particular, and just in case you missed it a couple of months ago, I would like to showcase a procedural ruling issued by a case management judge, which addresses the evolution of the statute of limitations (for infringement claims) over time. The lawsuit revolves around telecommunications equipment that was supplied by Alcatel-Lucent International to Orange SA, under a 2007 agreemen ..read more
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Breaking news: plausibility referral
Patent my French!
by Renaud
2y ago
This blog has been silent for a number of weeks now. Hopefully, regular posting will resume soon. In the meantime, here is a very brief post today, to make all readers (on the beach or not) aware of a new referral to the Enlarged Board of Appeal, on a topic which enthralls the pharma patent crowd – and beyond – in every season, namely: plausibility. The case of interest is T 116/18, pitching Syngenta Ltd. as the opponent against Sumitomo Chemical Company, Ltd. as the patentee. This case actually relates to an insecticide composition and not a pharmaceutical one. Oral proceedings took place on ..read more
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The show must go on
Patent my French!
by Renaud
3y ago
I have always been fascinated by the longevity of some soap operas. As a teenager, I have memories of holidays at my grandparents’, with The Young and the Restless on TV. This show has been airing in the U.S. since 1973 and has recently reached its 12,000th episode milestone. (Un)fortunately for French viewers, the story started for them at episode 3,263 only. Anyway, sooner or later, even the oldest shows come to end. After 54 years of broadcasting, As the World Turns stopped in 2010. As I have already mentioned a couple of times on this blog, one of the oddities of French patent litigation i ..read more
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A pro-choice ruling
Patent my French!
by Renaud
3y ago
Once in a while, a complex and long-lasting patent case gives rise to a simple and straightforward ruling. Only longtime readers having an exceptional memory will remember that, a few years ago, I reported on a first cassation ruling in a Time Sport International v. Décathlon France et al. case. This ruling dealt with a priority issue. It turns out that another cassation ruling has recently been issued in the same litigation. So this is one of these few never-ending cases in which the judiciary pingpong seems to go on eternally. Is it a bug or a feature of the French legal system? We may never ..read more
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Exotic priority
Patent my French!
by Renaud
3y ago
Today’s post will be quite exotic. All right, let’s not overpromise; not quite Seychelles-exotic. But exotic nonetheless, for this blog at least. For starters, the decision reported on was brought to my attention by my German colleague Frank Steinbach, from the law firm Zimmermann & Partner. Besides, the decision is a judgment issued by the General Court of the European Union, further to an appeal against a decision by a Board of appeal of the EUIPO (European Union Intellectual Property Office). Not exactly my comfort zone, and yet this decision does belong on this blog. As you will see, i ..read more
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Betting the farm on inventive step
Patent my French!
by Renaud
3y ago
After several posts dealing with the intricacies and oddities of SPC law, I thought we might as well take a break, look at a simple, straightforward case for a change – yes, there are some – and get a post completed in fewer than 1,500 words . I don’t know whether this will be a breath of fresh air, but the patent in suit, EP 0899518, relates to a ventilation system for a building containing (especially porcine) livestock. The patent proprietor, I-Tek, based in Saint-Malo, sued Heughebaert Danièle et Philippe, in Evreux, for alleged infringement of the patent. Bretons and Normans: little wonde ..read more
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Third time’s not a charm
Patent my French!
by Renaud
3y ago
Welcome to the third and final part of the SPC drama miniseries on Patent my French, still courtesy of guest blogger Lionel Vial. Spoiler alert: I would never have thought that the fate of an SPC application would be at least partly decided based on a number of bibliographic citations – and yet… The Easter egg which was missing from the latest post has finally been found again. The last of the three decisions we discuss today was rendered by the Paris Cour d’appel on February 9, 2021 following an appeal against a decision of the French patent office (INPI) to refuse SPC application No. FR16C10 ..read more
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Court says no to Ono
Patent my French!
by Renaud
3y ago
Owing to my colleague and excellent friend Lionel Vial, it is SPC month on Patent my French! After tackling the recent Halozyme judgment a couple of weeks ago, Lionel now goes one-on-one with Ono. As promised last week, we are back to discuss the second of the third recent supplementary protection certificate (SPC) appeal decisions rendered on refusals of the French patent office (INPI). This week’s decision, which was rendered by the Paris Cour d’appel on January 19, 2021, discusses not one but two articles (aren’t we lucky) of Regulation (EC) No 469/2009 (the “SPC regulation”): 3(a) and 3(c ..read more
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Easy as ACD
Patent my French!
by Renaud
3y ago
Even for those who know the ABCs of patent law, mastering the ACDs of SPC law may seem a daunting task. I am talking about article 3(a), 3(c) and 3(d) of the SPC regulation of course, a never-ending source of legal headaches.  I am happy to once again host a contribution from SPC enthusiast Lionel Vial, reporting on the first of a series of three recent judgments. With his explanations, I am sure everything will look as easy as ACD. Today we discuss the first of three recent decisions of the Cour d’appel (appeal court) of Paris rendered on appeal against decisions of the French patent off ..read more
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No (cross) product liability
Patent my French!
by Renaud
3y ago
I am not sure I have ever seen a bioinformatics patent lawsuit in France before the case reported on today: this may well be a first. It is therefore particularly interesting to see how our judges grappled with such an exciting and complex topic. And the short answer is: pretty well it would seem! The Codexis group is a leader in the field of biocatalysts. In particular, Codexis Mayflower Holdings LLC owns European patent No. EP 1761879, filed in June 2005 and claiming a priority of June 2004. The patent was granted in August 2013 and was not opposed. Claim 1 of the patent is the following (th ..read more
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