Tribunal de grande instance de Paris, 3rd chamber, 1st section, 3 July 2014, Evinerude v. Philippe Giraudeau and Aair Lichens While the US decisions in Mayo Collaborative Services v. Prometheus Laboratories Inc. and Myriad Genetics led the USPTO to issue new guidelines to the attention of examiners on the procedure for subject matter eligibility analysis of claims reciting or involving “interalia” laws of nature and…

1 Introduction Reports that say there’s — that something hasn’t happened are always interesting to me, because as we know, there are known knowns; there are things that we know that we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But…

The French Supreme Court condemned a patentee’s undue use of an evidentiary measure (infringement seizure, “saisie-contrefaçon”) as a way to obtain information from a competitor, specifically information relating to the manufacturing processes of its direct competitor, beyond the scope of the lawsuit (“fishing expedition”). The full summary of this case has been posted on Kluwer…

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…