By decision of 14 January 2011, the Court of Turin tackled the issue of the patentability of the intermediate, i.e. the chemical product which represents an obligatory passage of the process of synthesis and the structure of which is successively modified to obtain the wanted substance. The case involved Bayer Schering Pharma against Industriale Chimica…

In the framework of preliminary injunction proceedings instituted by AstraZeneca against the Italian subsidiary of Stada, EG S.p.A., by decision of 11 – 14 February 2011, the IP Chamber of the Court of Turin issued an interesting order concerning the application of Art. 68 (1bis) IP Code, according to which “companies intending to manufacture pharmaceutical…

It has been reported by the Italian Generics Association that on 14 March 2011 the European Commission started infringement proceedings against Italy for an alleged breach of Community law related to Art. 68 (1bis) of the Italian IP Code according to which “companies intending to manufacture pharmaceutical specialties outside patent protection may commence the procedure…

As many readers of this blog already know, last October the Italian Antitrust Authority (Autorità garante della concorrenza e del mercato – AGCM), following a complaint filed by Ratiopharm, started investigations against Pfizer aimed at ascertaining whether Pfizer’s behaviour in the enforcement of its patent rights on the drug Xalatan amounts to abuse of a…

Rambus and Micron have been involved in complex patent litigation in Italy since 2000. Things started when, in 2000, Rambus enforced the Italian designation of its patent EP 0525068 on SDRAM memories against Micron before the Court of Monza, obtained an ex parte seizure order and executed the same at the important manufacturing plant that…

The mere filing of an application for marketing authorization of a generic drug does not constitute an infringing activity., although of a preparatory nature as, aAlthough it is true that the filing of such an application may constitute the basis for the marketing of the drug, there still is the possibility that the eventual act…