By decision of 11 January 2012 Pfizer was found liable of abuse of dominant position by the Italian Antitrust Authority and ordered to pay 10.6 million euro. My previous posts on this case can be found here, here and here. In substance AGCM (the Italian antitrust Authority) has now decided that Pfizer abused its dominant…

There seems to be ample consensus in that Justice is better administered by specialised Judges than by non-specialised Judges. With this view in mind, in 1993 the Barcelona Court of Appeal took a groundbreaking step forward by conferring exclusive competence to one section (Section 15) to hear appeals filed in intellectual property cases. The successful…

As stated already in one my earlier posts (here), Legislative Decree no. 131/2010 has introduced a new procedural tool in the Italian IP litigation scenario. New Art. 128 of the Italian IP Code now allows the conduction of a Preliminary Technical Assessment (PTA). In practice, as an alternative to commencing ordinary proceedings or preliminary injunction…

By Miquel Montañá In year 2021, Italy will celebrate the 600th anniversary of the patent granted by the Republic of Florence to Filippo Brunelleschi for his ship “Il Badalone”, the first patent ever granted. Quite ironically, the fathers of the first patent, and of the first Patent Act, approved by the Republic of Venice in…

On 11 November 2011 the IP Chamber of the Court of Rome granted the motion for preliminary injunction requested by Novartis AG and Novartis Farma S.p.A. against Mylan S.p.A. on the basis of Novartis’ Italian valsartan and hydrochlorothiazide SPC, the active ingredients in Novartis’ Co-Diovan medicinal product (which is marketed in Italy as Co-Tareg). The…

A recently published decision of the Court of Turin in the case Merck Sharpe & Dohme versus Sandoz (decision of 7 April 2011), concerning dorzolamide hydrochloride timolol maleate eye drops, provides an interesting interpretation of the Italian rules governing territorial jurisdiction in the case of the infringement of pharmaceutical patents. MS&D sued Sandoz before the…

Italy has recently filed a complaint with the Court of Justice against Council’s decision of 10 March 2011 no. 167 authorising enhanced cooperation under Art. 20 TEU in the area of the creation of unitary patent protection. Spain had already filed one a few weeks before. As is known, negotiations between the Member States on…

In the antitrust case initiated by the Italian Competition Authority (AGCM) last October (see my posts here and here), Pfizer have offered a number of commitments in order to settle the case and avoid sanctions. These are the following. Firstly, Pfizer will offer an irrevocable and royalty-free license on EP 1225168 to all interested parties…

The Milan Court revoked a patent on the second medical use of a known drug because excerpts of the protocol of the clinical trials aimed at proving efficacy of the second use had been published before the relevant date in a scientific journal. The Court held that the outcome of the trials – which later…

The Court of Turin held that Article 68 (1 bis) of the Italian IP Code, which was introduced by Legislative Decree 131 of 13 August 2010, establishing that ‘Without prejudice to the provision of paragraph 1, companies intending to manufacture pharmaceutical specialties outside patent protection may commence the procedure of registration of the product containing…