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.

In a court order of 11 May 2010, the President of the Court of First Instance of Brussels refused a plaintiff to have indirect access to confidential information in the possession of a court-appointed expert through foreign patent infringement proceedings.  The court appointed expert had obtained this confidential information while executing a counterfeit seizure, authorized by the…

The District Court Duesseldorf held that the addressee may not refuse acceptance of a complaint according to Art. 8 para. 1 lit. a) of Regulation (EC) No. 1393/2007 on the Service in the Member States of Judicial and Extrajudicial Documents in Civil or Commercial Matters if the court file contains objective evidence that the document…

Sufficiency of disclosure is one of the requirements for the grant of a European patent (Art. 83 EPC). The disclosure in a patent specification shall enable the skilled person to apply the invention, i.e. to make the claimed product or apply the claimed process. A claimed product or process is often defined in general terms…

Two recent decisions of the Italian Supreme Court (no. 21835 of 14 October 2009 and no. 23414 of 4 November 2009) have tackled the issue of sufficiency in a peculiar manner, departing from previous case law. In both decisions, it is stated that “the protection granted by a patent presupposes, besides the requirements of novelty…

The G3/08 opinion concerns the long-awaited view of the Enlarged Board of Appeal (EBoA) on the patentability of computer programs. The EBoA examined various issues regarding Article 112(1)(b) EPC. The EBoA held that positions taken in T1173/97 and T424/03 were clearly contradictory on the question whether it makes a difference whether a computer program is…

The Board considered whether the introduction of the EPC 2000 raised the requirements for a notice of appeal to be admissible. Rule 99(1)(c) EPC 2000 requires that the notice of appeal contains ‘a request defining the subject of the appeal’. Rule 64 EPC 1973 required that the notice of appeal contains a statement identifying ‘the…