According to Article 65 of the European Patent Convention (“EPC”), when the European patent granted is not drafted in one of the official languages of the EPC, any contracting state may require that the patent owner file a translation of the patent with the national patent service within 3 months of the publication of the…

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 High Court considered the extent to which a claim for damages in a patent infringement case could be extended at the damages inquiry stage. It found that whilst it is just and convenient to extend the inquiry to infringing acts of the same type as that on which the Court in the main action…

At the beginning of this year, the German Federal Court of Justice (“FCJ”) rendered in “Tintenpatrone II” (“Ink Cartridge II”) (Docket No. X ZR 94/10) a decision of interest concerning the relation of patentee and exclusive licensee with regard to the claim of damages, following it decisions “Ink Cartridge I” and “Cinch-Plug”. Plaintiff (1) is…