Syngenta Limited (hereinafter referred to as “Syngenta”), a company governed by the laws of England and Wales, is the holder of European patent No. 0 382 375 entitled “Fungicides”. On 28 September 2009, it submitted to the Institut national de la propriété industrielle (INPI; French Industrial Property Office) a request for limitation of a claim of the French designation of…

The Paris Court of Appeal clarified the interest of a potential competitor to seek the revocation of a patent. It was particularly unclear whether any competitor, current or potential, could have a legitimate interest in the form of a “clear the path” approach. However, in this case the Court held that Omnipharm had no legitimate…

The French saisie-contrefaçon is known to be an extremely powerful and effective tool to collect evidence of infringement of a patent (as of any other intellectual property right, see “Saisie-contrefaçon” on Wikipedia and also P. Véron et alii, Saisie-contrefaçon, Paris, Dalloz Action, 3rd ed. 2013-2014). It is a procedure that allows to request and obtain from…

On 15 January 2013, the French Cour de cassation, in the litigation between the Novartis companies and the Actavis companies about valsartan, drew the consequences of the 9 February 2012 order rendered by the CJEU in the frame of a parallel litigation in the United Kingdom. As already explained in a previous post, the company governed by the laws…

Faithfully implementing Article 9 §4 of Directive No. 2004/48/EC, Arti-cle L. 615–3 of the French Intellectual Property Code (hereinafter referred to as “IPC”) authorizes French courts to grant an interim injunction order after an inter partes proceedings (before the Judge ruling in preliminary proceedings) but also after an ex parte proceedings. As required by the EC Directive, the ex parte…

Almost one year ago the European Court of Justice (CJEU) “clarified” the law on supplementary protection certificates. On November 24, 2011 it rendered its verdict in the “Medeva” case (C-322-10). One should not forget that “Georgetown” (C -422/10) was rendered on the same day and only one day later, the Yeda (C-518/10), Queensland (C-630/10) and…

Thanks to the constitutional revision of 23 July 2008 (which created Article 61-1 and amended Article 62 of the French Constitution), a new procedure to control the constitutionality of laws was introduced into French law, which came into force on 1st March 2010: the “priority question on constitutionality” (“question prioritaire de constitutionnalité”). Before this reform, the constitutionality could only be verified…

The French Supreme Court specified the rules for the application of the doctrine of equivalence in the assessment of infringement of a process patent, holding that a patented process is considered to be infringed under the doctrine of equivalence when both means have the same function in order to obtain the same result as the…