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Fidia v. Chemi, Supreme Court (Corte Suprema di Cassazione), 5 April 2012
Daniela AmpolliniThe Supreme Court held that Article 68 (3) IP Code relating to prior use, sets forth both a “quantitative” and a “qualitative” limit, in the sense that it “serves to identify the...
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Giemme vs. Ciemmecalabria, Supreme Court (Corte Suprema di Cassazione), 12...
Daniela AmpolliniThe Supreme Court revoked claims 1 to 4, and found claim 5 to be novel and inventive but not infringed, because the result of defendant’s machine was not obtained by the claimed means....
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Barilla vs. Pastificio Fazion, Supreme Court (Corte Suprema di Cassazione),...
Daniela AmpolliniThe Supreme Court held that the patent claiming a device to be mounted on ovens used to industrially drain pasta was infringed by application of the doctrine of equivalence. A summary...
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Merck vs. Sandoz, District Court of Turin (Tribunale di Torino), 7 April 2011
Daniela AmpolliniThe District Court of Turin rejected Merck’s requests for a preliminary injunction, finding lack of inventive step of the claimed co-formulation of dorzolamid and timolol based on a...
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The role of the Judge in reviewing court expert’s reports, inventive step and...
Daniela AmpolliniBy ruling of 10 July 2012, the Court of Turin decided in the first instance an infringement action filed by Italian company Novamont against German and French companies Biotec and...
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The Administrative Court reverses the decision of the Italian Antitrust...
Daniela AmpolliniOn 3 September 2012, the Adminstrative Court decision in the Italian antitrust case involving Pfizer was published. This decision completely reversed the ruling of the Italian...
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Gnutti v. Aermec, Court of Appeal Milan (Corte d’Appello Milano), 8 February...
Daniela AmpolliniA patent can be re-assigned to the legitimate rights holder based on a claim of entitlement under Article 118 Italian IP Code, even when the patented subject matter differs from the...
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NO REIMBURSABLE PRICE FOR GENERICS LAUNCHING AT RISK IN ITALY
Daniela AmpolliniRecently approved “Balduzzi Decree” (Law No. 189/12 of 8 November 2012 (confirming Law Decree 158/12 of 13 September 2012 – a consolidated version of the Decree is available here)...
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Italian and Spanish complaints on unitary patent to be rejected?
Daniela AmpolliniOn 11 December 2012 Advocate General Yves Bot delivered his conclusions on the complaints brought by Italy and Spain against the Coucil’s decision to proceed through enhanced...
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Infringement proceedings must be stayed in case of pending opposition...
Daniela AmpolliniBy order of 16 October 2012 in Sperotto v. Bolpagni , the Court of Turin stated, in line with a few other of its recent decisions, that patent infringement ordinary proceedings (even...
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Strict rules on interest to bring proceedings in Italian interlocutory DJ...
Daniela AmpolliniIn one of my earlier posts I gave the news that, after years of uncertainty as to the admissibility of interlocutory (pre trial) declaratory judgements of non infringement in IP cases...
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IP infringement is (almost) always urgent, says the Court of Turin
Daniela AmpolliniBy decision of 21 February 2013, the Court of Turin clarified the test for prima facie case in search proceedings and the test for urgency in search proceedings and preliminary...
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AIFA officially to apply the “reimbursement price linkage” provisions
Daniela AmpolliniIn an earlier post, I reported the news that a new piece of legislation (the so called “Balduzzi Decree”, Law No. 189/12 of 8 November 2012 confirming Law Decree 158/12 of 13 September...
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Recent news in the Italian Pfizer antitrust case
Daniela AmpolliniIn my earlier posts (here and here) I reported and commented on the first two phases of the Italian Pfizer antitrust case, in which the Italian Antitrust Authority (IAA) accused Pfizer...
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Pfizer found guilty in the final round of the latanoprost saga
Daniela AmpolliniIn the last instance, the Consiglio di Stato (the Italian supreme administrative court) established that Pfizer did commit abuse of a dominant position while it obtained and enforced...
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The Court of Turin on the patentability of software
Daniela AmpolliniBy ruling of 21 February 2014, the Court of Turin decided a case between the US corporation Rovi and a number of Italian consumers electronics manufacturers. These had produced /...
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Want to revoke a patent? Call the inventor
Daniela AmpolliniThe Italian Supreme Court recently (and surprisingly) said that inventors must be named as co-defendants in revocation actions. In 2010 I wrote a post concerning the requirement to...
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SPC revoked, PI lifted, but no damages awarded
Daniela AmpolliniIn the Sanofi v. Teva ruling of 10 July 2014, the Court of Milan clarified the test for abuse of process, and denied an award of damages allegedly caused by the issue of a preliminary...
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Italy to ratify the UPC Agreement and to implement provision on indirect...
Daniela AmpolliniOn 25 November 2016 Italy’s ratification law of the UPC Agreement was published in the Official Gazette of the Italian Republic (Law no. 214 of 3 November 2016 – link to the Official...
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The Italian Supreme Court on the patentability of chemical intermediates and...
Daniela AmpolliniBy decision no. 1651 of 14 October 2016 (publication reference: 24658/2016), the Italian Supreme Court put an end to the longstanding litigation between Bayer and the Italian company...
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