The “French style” (at least in patent law), which is generally characterized by the will to do everything at the same time (validity and infringement of the patent), takes a serious hit with a recent Paris Court of Appeal judgment: the Judges propose a fragmented approach to a pan-European infringement for which they only want…
Each time I hear “TRUVADA”, the catchy chorus of the Beatles’ Ob-La-Di Ob-La-Da sounds different to me… However, TV addicts or literature lovers also keen on pharmaceutical litigation should not have failed to notice a more disturbing coincidence: “Gilead” is moreover the sweet name given to the dictatorship where The Handmaid’s Tale is set –…
In the second half of the year 2019, FRAND litigation was marked by several rejections of anti-suit injunctions when invoked. Quickly we talked about “anti anti-suit injunctions” or “AASIs”. Although these AASIs are sometimes criticized, it seems that arguments in its favor should, most of the time, prevail. Anti-suit injunctions in FRAND litigation The practice…
The Unwired case recently concluded by the UK Supreme Court is undoubtedly one of the most high-profile cases in European patent litigation in the last ten years [1]. Among other things, the judgment refers to French law to which it reserves a strange fate, a real legal “je t’aime moi non plus”. But, beforehand, a…
In his 1913 essay Totem und Taboo, Freud defined taboo as a prohibition related to what is considered sacred or impure. The famous psychoanalyst insists on the irrationality of the phenomenon. Thus, compulsory licensing, which is often seen as an impure danger, seems to be a kind of taboo for intellectual property specialists. But the…
2019 and 2020 were years marked by the development of international competition among jurisdictions for FRAND rate-setting. Although the voices of French Judges were still little heard in the midst of this global cacophony, recent decisions of the Paris High Court confirm that France is becoming a serious option for patentees to consider. Lockdown or…
Joining the majority of European courts, the Paris Court of Justice ruled that Eli Lilly’s patent, which relates to the combined administration of pemetrexed disodium and vitamin B12, was infringed by the marketing of Fresenius’ pemetrexed diacid. It also awarded a record amount of damages of €28,000,000: a first in Europe. 1. The pemetrexed “saga”…
