A 1 July 2009 decision of the Tribunal de Grande Instance of Paris illustrates how the French courts proceed when they are seised of a nullity claim of the French designation of a European patent against which opposition may be filed or opposition proceedings are pending.

Council Regulation 469/2009 (the “SPC Regulation”) governs the grant of supplementary protection certificates in the EU. Core to its interpretation are Articles 1, 3, 4 and 5. Most pertinently, Article 3 provides that an SPC shall be granted if, among other things and in the relevant member state, (a) the product is protected by a…

The German Federal Supreme Court (Bundesgerichtshof) has recently made clear that every court has to take into account preceding decisions of the European Patent Office (EPO) and of courts of other contracting states to the European Patent Convention (EPC) if these decisions essentially concern the same questions. Although there is no principle of precedence in…

The Court of Appeal of Milan established a principle whereby named inventors must be called in revocation actions and, if they are not, proceedings may not reach the stage of decision. This principle, which may sound strange to practitioners of other jurisdictions, is based on Art. 122, paragraph 4, of the Italian IP Code, according…

In its 3 March 2010 decision, the Cour d’Appel of Paris, Division 5, Chamber 1, reversing the decision of the Tribunal de Grande Instance of Paris on this question, held that the authorisation to carry out a saisie-contrefaçon may be requested and obtained even after expiry of the patent, since the saisie-contrefaçon is intended to collect evidence of infringing acts committed prior to the patent expiry. This decision relating to the French saisie-contrefaçon will certainly be of interest to practitioners of other Member States of the European Union since Article 7 of EC Directive 2004/48, which had to be implemented into national laws before 29 April 2006, requires the Member States of the European Union to introduce into their national law “measures for preserving evidence” using as models the French saisie-contrefaçon and the Anton Piller order. This decision which finds no contradiction in Article 7 of EC Directive 2004/48 and which is essentially based on the evidential nature of the saisie-contrefaçon , may therefore be extended to the “measures for preserving evidence” set up into the laws of the different Member States of the European Union.

1. According to the EPC, the right to object to a member of a Board of Appeal or of the Enlarged Board of Appeal is reserved to the party to the proceedings who suspects partiality in such a member. 2. It remains nevertheless that pursuant to Article 4(1) RPEBA, if the Enlarged Board of Appeal…

In the case at hand, Olympus filed a petition for review against the decision of the Board of Appeal to revoke Olympus’ patent. Olympus argued that it had had no opportunity to comment on the grounds for this decision as it had never received the statement of the grounds of appeal and the invitation to…