SPC Regulation: Does “protected by the basic patent” mean claimed as such in the basic patent?
The protected product within the meaning of Article 3 (a) of SPC Regulation (EEC) No. 1768/92 must be a product claimed as such in the basic patent.
The protected product within the meaning of Article 3 (a) of SPC Regulation (EEC) No. 1768/92 must be a product claimed as such in the basic patent.
This case provides a rather complete example of how to calculate damages in a patent infringement action in France. When the patent owner directly works out his patent in France, damages are based on lost profits and completed by additional royalties if the lost profits are below the amount of total infringing sales. When the…