Regular readers of this blog will be aware of my interest, or rather my passion, for several Patent Law topics, including notably SEPs (see notably here, here and here), proof of infringement (see notably here, here and here) and UPC (see notably here, here and here). So far, UPC has not (yet) been the scene…
Just over a year after the UPC Agreement came into force, the Paris local division handed down UPC’s first decision on an infringement action. Unfortunately for the patentee, the court dismissed his action, ruling that the patent invoked was null and void. In this case, two manufacturers, DEXCOM and ABBOTT, were involved in a dispute…
Readers are familiar with the story of the founding of the UPC, which “obliged” its founders to make it an ad hoc Court, not integrated into the European judicial system (with a reinforced cooperation agreement between the members of the UPC). The fragility of this system has provoked much criticism (e.g., our comments here). The…
In Belgium, descriptive seizures (called “saisie-description” in Belgium) are long-standing ex parte procedures to collect evidence of infringement. When a Court grants a saisie request, the said authorisation can later be opposed by the seized party. The seized party can in particular argue that IP right invoked was not prima facie valid. By the time…
Last week, we had the opportunity to review the texts regarding the UPC “saisie”, the ex parte orders issued in the OERLIKON and C-KORE cases. In the second case, which is before the Paris local division, the seized party has lodged an appeal against the order. To the best of my knowledge, this is the…
Earlier this week, we examined the UPC’s first case on UPC “saisie-contrefaçon” (or “SC”, see here). Today, we turn our attention another order of this type, which has been rendered by the Paris local division. In this case, C-KORE had a SC carried out at the premises of its competitor NOVAWELL. C-KORE holds a patent…
Having examined the UPC texts relating to UPC “saisie-contrefaçon” (see here), it’s time to look at the initial case law. Of course, the existence of only two cases is insufficient to draw general conclusions, but we can already see how the system works in practice, and draw some conclusions. The first two cases were initiated…
The “saisie-contrefaçon“, that French-style “Anton Piller Order”, but obtained in the blink of an eye, to such an extent that the whole world is still in awe; our Marylin of French patent law has made her discreet entry into the JUB. It may come as a surprise to the reader that I use the expression…
Yes and no, it seems. Well, yes and then no, if recent French decisions are anything to go by. In short, Hesitations Blues reign. This attitude is all the more interesting given that the question, which arose more especially in the FINGOLIMOD case, has been raised before several European courts, all of which are opposed…
My British colleague has already commented brilliantly on the UK ruling in this case from the point of view of plausibility (see here). For my part, I’d like to comment the French ruling in the same case, which takes the opposite view to the UK decision. We shall see that the French position is particularly…
