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 “French style” (at least in patent law), which is generally characterized by the will to do everything at the same time (validity and infringement of the patent), takes a serious hit with a recent Paris Court of Appeal judgment: the Judges propose a fragmented approach to a pan-European infringement for which they only want…

Each time I hear “TRUVADA”, the catchy chorus of the Beatles’ Ob-La-Di Ob-La-Da sounds different to me… However, TV addicts or literature lovers also keen on pharmaceutical litigation should not have failed to notice a more disturbing coincidence: “Gilead” is moreover the sweet name given to the dictatorship where The Handmaid’s Tale is set –…

2019 and 2020 were years marked by the development of international competition among jurisdictions for FRAND rate-setting. Although the voices of French Judges were still little heard in the midst of this global cacophony, recent decisions of the Paris High Court confirm that France is becoming a serious option for patentees to consider. Lockdown or…

Joining the majority of European courts, the Paris Court of Justice ruled that Eli Lilly’s patent, which relates to the combined administration of pemetrexed disodium and vitamin B12, was infringed by the marketing of Fresenius’ pemetrexed diacid. It also awarded a record amount of damages of €28,000,000: a first in Europe. 1. The pemetrexed “saga”…

The Court of appeal of Paris, in a decision on the merits, has ruled that the SPC covering the combination of ezetimibe and simvastatine is invalid. The decision was rendered on September 25, 2020, in a case opposing Merck and Teva (free translation available here).This is the first decision in Europe on the merits to…

As many laboratories around the world are making every effort to find a treatment for Covid-19 and more clinical trials are conducted[1], it is worth considering the legal mechanisms that could facilitate the quantitatively and qualitatively sufficient, and financially acceptable, exploitation of patent rights that will prove useful in curbing the epidemic and preventing a…

As many laboratories around the world are making every effort to find a treatment for Covid-19 and more clinical trials are conducted[1], it is worth considering the legal mechanisms that could facilitate the quantitatively and qualitatively sufficient, and financially acceptable, exploitation of patent rights that will prove useful in curbing the epidemic and preventing a…

The PACTE law of May 22nd [1] introduced new opposition proceedings against French patents before the French PTO. A draft amendment to the Intellectual Property Code (hereinafter referred to as “IPC”) is currently under consideration in order to specify the modalities of proceedings (deadlines, costs, remedies, etc.). This draft is submitted for consultation to representatives…