A French revolution
You may have heard that French revolutions have a reputation for violence. But things do not always have to be that way. Case in point: a groundbreaking SPC ruling recently issued by the Paris Cour...
View ArticleSame player shoot again
Long time no see! I am sure that readers have noticed that PatentMyFrench has been dormant over the past few months. Hopefully, posting can resume in the near future, so as to perhaps tackle the...
View ArticleOrange juices up its defense
The summer was relatively quiet – patent case law-wise, that is. Thus, now may be a good time to go back on some interesting decisions issued during the first semester which I did not have time to...
View ArticleBreaking news: plausibility referral
This blog has been silent for a number of weeks now. Hopefully, regular posting will resume soon. In the meantime, here is a very brief post today, to make all readers (on the beach or not) aware of a...
View ArticleThe show must go on
I have always been fascinated by the longevity of some soap operas. As a teenager, I have memories of holidays at my grandparents’, with The Young and the Restless on TV. This show has been airing in...
View ArticleA pro-choice ruling
Once in a while, a complex and long-lasting patent case gives rise to a simple and straightforward ruling. Only longtime readers having an exceptional memory will remember that, a few years ago, I...
View ArticleExotic priority
Today’s post will be quite exotic. All right, let’s not overpromise; not quite Seychelles-exotic. But exotic nonetheless, for this blog at least. For starters, the decision reported on was brought to...
View ArticleBetting the farm on inventive step
After several posts dealing with the intricacies and oddities of SPC law, I thought we might as well take a break, look at a simple, straightforward case for a change – yes, there are some – and get a...
View ArticleThird time’s not a charm
Welcome to the third and final part of the SPC drama miniseries on Patent my French, still courtesy of guest blogger Lionel Vial. Spoiler alert: I would never have thought that the fate of an SPC...
View ArticleCourt says no to Ono
Owing to my colleague and excellent friend Lionel Vial, it is SPC month on Patent my French! After tackling the recent Halozyme judgment a couple of weeks ago, Lionel now goes one-on-one with Ono. As...
View ArticleEasy as ACD
Even for those who know the ABCs of patent law, mastering the ACDs of SPC law may seem a daunting task. I am talking about article 3(a), 3(c) and 3(d) of the SPC regulation of course, a never-ending...
View ArticleNo (cross) product liability
I am not sure I have ever seen a bioinformatics patent lawsuit in France before the case reported on today: this may well be a first. It is therefore particularly interesting to see how our judges...
View ArticleOpposition guidelines – part 2
As promised by the INPI, the second and final part of their patent opposition guidelines has now been released. Here is the link to download the full pdf document. And as promised by me, here is now a...
View ArticleA patent up in the air
With all the recent renewed talk about the UPC, the decision commented upon today reminds us how fragmented the European patent litigation landscape still is at this time. The case at hand was in fact...
View ArticlePay for delay
Happy new year to all readers! May you stay safe and healthy and as free as possible (yes, this is a new 2021 addition relative to previous wishes). This year starts off on this blog with a somewhat...
View ArticleNot a tough patent to crack
After electronic cigarettes in the latest post, I have decided to take this blog one giant step further today, by discussing a patent on… crack pipes. There are three actors in this case. First, Terpan...
View ArticleSeeing the patent half empty
As an introduction, I am pleased to pass on the announcement of the upcoming patent seminar of the Institut de Boufflers, which will take place next week – online as you may guess. The program is here,...
View ArticleA man of two jobs
In today’s case, the facts and the timeline are everything, and they are far from straightforward, so bear with me. Flex Elektrowerkzeuge (“Flex”) is a German company marketing electrical appliances...
View ArticleThis is not a pipe
A regular patent law blogging activity comes with a number of serious pitfalls. Rambling may be one of them. I hope readers will amicably warn me if this blog ever gets there – unless this point has...
View ArticleThe flip side of the coin
Pharma-savvy readers are probably well aware of the pan-European pemetrexed litigation. Eli Lilly’s patent No.EP1313508 is probably one of the most litigated patents in Europe. A nice summary, which is...
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