It’s an understatement to say that it’s not always very easy to be a French patent litigator in a transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard about our jurisdictional system? Then you have to accept that France is almost systematically considered as the territory…
It’s an understatement to say that it’s not easy to be a French patent litigator in transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard about our jurisdictional system? Then you have to accept that France is almost systematically considered as the territory at the bottom…
Neither of French case law nor of a mood note on a general theme today, like Werther I prefer to suffer with my eternal love for Goethe’s language to evoke the Sisvel vs Haier II decision (FRAND-Einwand II, i.e. Defense FRAND II) of the Bundesgerichtshof (i.e. German Federal Court of Justice) rendered last week ; all…
For the second time, I will have the pleasure and the Honor of welcoming Professor Anne-Catherine Chriariny. Professor Chiariny teaches Patent Law and International Private Law at the University of Montpellier. She is notably the author of a famous doctoral thesis on international patent litigation awarded by the Prix Pierre Véron and published in 2006…
Readers of the Blog should remember the French landmark French judgment rendered in September 2020 in the European Pemetrexed saga, which condemned Fresenius to pay € 28 million in damages (see here). This time the action brought by Eli Lilly on French territory concerns the same drug but is directed against another generic commercialized by Zentiva….
I have the pleasure and the honor of welcoming today Professor Anne-Catherine Chriariny. Professor Chiariny teaches Patent Law and International Private Law at the University of Montpellier. She is notably the author of a famous doctoral thesis on international patent litigation awarded by the Prix Pierre Véron and the Prix Cercle Montesquieu in 2007, published in…
After BREXIT, ratification and then withdrawal by the UK, a referral to the German Constitutional Court (“Bundesverfassungsgericht“) and finally a ratification by its parliament, the UPC project is once again blocked in Germany, as previously before the Bundesverfassungsgericht. Like the phoenix, the project is constantly reborn. But should we resist, or should we surrender? What think of…
As winter sales have just started in France, it is an ideal moment to mention an occasion to seize in Patent Law: the important judgment regarding the saisie-contrefaçon rendered by the Paris Court of Appeal on November 6, 2020 in the Manitou case. The Manitou case is well known to followers of French case law:…
After having us recently hummed the Beatles’ Ob-La-Di Ob-La-Da song with the TRUVADA case (see here), French case law is now flirting with New York gangs with a decision about a “Kit Crack” (not to be confused with the “Kit Kat”), reminding us the Notorious Big’s Ten Crack Commandments rap (listen here). In short: a new opportunity for…
The Odyssey, which became synonymous for an eventful journey, originally refers to the perilous return of Odysseus to his homeland of Ithaca after the Trojan War. After the year 2020, marked by the COVID-19 pandemic, 2021 also announces numerous challenges for the world, and patentees will undoubtedly have their lot. Without trying to take the…
